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LUTC PKT 11-04-2013City of Federal Way City Council Land Use /Transportation Committee November 4, 2013 City Hall 5:30 p.m. Council Chambers MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMITTEE BUSINESS Topic Title/ Description A. Approval of Minutes: October 7, 2013 B. Street Vacation Request for Portion of South 337th Street C. 2014 Right of Way Landscape Maintenance — Bid Award D. Commute Trip Program Implementation Agreement with King County E. Urban Agriculture Code Amendment 4. OTHER 5. FUTURE MEETINGS /AGENDA ITEMS: The next LUTC meeting will be Monday, December 2, 2013 at 5:30 p.m. in City Hall Council Chambers. 6. ADJOURN Committee Members City staff Bob Ce /ski, Chair Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management Jeanne Burbidge, Member Shawna Upton, Administrative Assistant H Diana Noble- Gulliford, Member 253 - 835 -2703 Action Council Date Presenter Page or Info Time Upton 3 Action N/A 5 min Mulkey 9 Action November 19th 5 min Consent Salloum 19 Action November 19th 5 min Consent Long 27 Action November 19th 5 min Consent Shull 33 Action November 19th 10 min Ordinance First Reading 4. OTHER 5. FUTURE MEETINGS /AGENDA ITEMS: The next LUTC meeting will be Monday, December 2, 2013 at 5:30 p.m. in City Hall Council Chambers. 6. ADJOURN Committee Members City staff Bob Ce /ski, Chair Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management Jeanne Burbidge, Member Shawna Upton, Administrative Assistant H Diana Noble- Gulliford, Member 253 - 835 -2703 This page left blank intentionally. City of Federal Way City Council October 7 2013 Land Use /Transportation Committee City Hall 5.30 p.m. Council Chambers MEETING SUMMARY Committee Members in Attendance: Committee Chair Bob Celski and Committee members Diana Noble - Gulliford and Jeanne Burbidge. Staff in Attendance: Deputy Public Works Director Marwan Salloum, Deputy Public Works Director Ken Miller, Surface Water Manager William Appleton, Street Systems Engineer Jeff Huynh, Assistant City Attorney Peter Beckwith, Planning Manager Isaac Conlen, Senior Planner Janet Shull, Principal Planner Margaret Clark, Contract Planner Jim Harris, and Administrative Assistant II Shawna Upton. 1. CALL TO ORDER Committee Chair Celski called the meeting to order at 5:32 PM. 2. PUBLIC COMMENT (3 minutes) Alex Charoni, a board member of the Federal Way Community Gardens Foundation, is urging Council to support urban agriculture to strengthen our community, to encourage the neighbor helping neighbor philosophy and to promote a community approach to fighting hunger. Skye Schell, from Forterra, expressed appreciation to city staff, community members and others that have worked with them on urban agriculture policies and codes. They are excited about all the energy throughout the community and have seen increased interest in community gardens and local food. Rose Ehl and Karla Kolibab, from the Farmers Market, expressed some concern regarding a wording change in the code from 'should'to shall' because farmers crops are more seasonal in nature and during the beginning and end of a growing season, the market may have more craft vendors than farmers. Looking for language modification. Giselle Blanton, a Federal Way resident, expressed concerns regarding proposed code amendments that would allow pigmy goats to be small domestic animals kept as pets. She lives in a residential neighborhood with small lots and given the size of the lots and larger sizes of animals, her concern is over the increasing farm yard animal smell that gets worse when there is hot weather and heavy rains. She has experienced increasing problems with noise, odor and flies and feels this situation has gotten out of hand. Ava Anissipour, thanked the Blanton's for expressing their opinion of the concerns regarding the goats and conveyed appreciation to the Council Members that came to her house to experience it for themselves. Kelly Anissipour, is asking the Committee wait for this issue to be heard by the full Council before making a decision on whether pigmy goats will be allowed or not. 3. COMMITTEE BUSINESS Forward to Topic Title/ Description Council A. Approval of Minutes: September 9, 2013 N/A Committee approved the September 9, 2013, LUTC minutes as presented. Moved: Noble- Guiliford Seconded: Surbidge Passed: Unanimously, 3 -0 Committee Members City Staff Bob Celski, Chair Ca3y M. Roe, P.E., Director of Parks, Public Works and Emergency Management Jeanne Burbidge, Member Shawna Upton, Administrative Assistant 11 Diana Noble- GuAlYbrd, Member 253- 835 -2703 B. Amendments to Federal Way Revised Code (FWRC) Related to Urban Agriculture November 4, 2013 LUTC Senior Planner Shull gave a presentation on the proposed code amendment. The current zoning code has no references to urban agriculture. Last year, staff applied for and was November 5, 2013 awarded a grant for technical assistance from Forterra to assist with the development of Ordinance urban agriculture policies and regulations. The overall goals for the urban agricultural 1t Reading amendments are to implement the policies that support access to healthy food in our community, to be responsive to community interest in growing food for health, education and economic benefit and remove potential barriers and provide some predictability in how we review and site urban agriculture uses within the city. Some of the proposed amendments include creating definitions for different types of agricultural uses, signage regulations, updating existing zone use charts and create new zone use charts to address urban farms, and creating provisions for accessory structures and on site sales. The Planning Commission recommended the ordinance be amended by replacing the word `should' with the word 'shall' and add a qualifier that the area devoted to food - related products shall be as determined by the overall width of saleable space devoted to sale of food - related products. Member Noble - Gulliford stated the language seems vague, unenforceable and inquired how a farmers market would be able to calculate what this meant. Shull replied that staff establishes standards as a mechanism to take action against situations that get out of hand. Staff doesn't have the resources to measure stall space nor is that information required to be submitted from the Farmer's Market. It is there so that staff would be able to address situations that change over time if it no longer met the criteria of a farmers market. An example would be if it turned into more of a flea market than farmers market. Member Burbidge noted that the intent is to have the majority of the items sold be food related but wondered if introducing a time factor or seasonality factor could be added to the language to help address that concern. Discussion continued surrounding the definition of farmer's market, adding provisions that are more quantifiable and farmers market events that may fall outside the current definition. Chair Celski mentioned that last winter the farmers market was in the mall selling arts and crafts similar to a craft bazar. The concern might be that somewhere down the line, the market might work its way into a similar event sometime down the road during the outdoor season. Chair Celski asked Rose Eel and Karla Kolibab back to the podium to address the concern. Ms. Eel and Ms. Kolibab stated that they could not find farmers who were interested in selling just a few items of produce here and there to customers so it was converted to a bazar at that time. Rose and Karla stated there should be something to quantify the amount of food items available but wants to make sure that the wording is corrected to protect not only the intent of the farmers market but also to allow for the other events they sponsor throughout the year such as the Chili Cook Off, Apple Festival and Kiwanis Family Safety Day. Further discussion continued regarding types of food- related products, desired wording modifications, signage, use of banners, definitions for farm stands in residential areas, setback requirements and how home owners association rules will factor in. Committee tabled this item and made a motion directing staff to come back with clarifying language on the farmers market definition and bring back to LUTC on November 4, 2013. Moved: Burbidge Seconded: Noble- Gulliford Passed: Unanimously, 3 -0 C. Informational Briefing on Status of the Major Comprehensive Plan Update - Information N/A Item Only Principal Planner Clark provided a briefing on the Major Comprehensive Plan Update process. By June 2015, State Law Requires the city to complete a major update to the comprehensive plan, development regulations and critical areas ordinance. During the review, staff will be looking to see how state laws have changed, the population changes, looking at employment and population targets to make sure there is zoning in place to Committee Members city Staff Bob Celski, Chair chy M. Roe, P.E., Director of Parks, Public works and Emergency Management Jeanne Burbidge, Member Shawna Upton, Administrative Assistant 11 Diana Noble- Gulliford, Member 253- 835-2703 accommodate those targets. There are twelve chapters to the plan and several will involve other city departments and outside utility companies. Principal Planner Clark provided a summary of current levels of staffing, planning workload, the timeline for completing the comprehensive plan update and what to expect as this process moves forward. D. Consider Amending the 2013 Planning Commission Work Program to Add an Item Related to Siting of Group Homes Type III. Planning Manager Conlen summarized that Type III Group Homes is housing for sex offenders and similar offenders in the criminal system. Conlen noted that at the September 3, 2013 City Council meeting, the Council adopted a six month moratorium on this type of housing to allow staff time to research how current state law addresses this topic and amend the city code based on State law. Committee forwarded Option #1 as presented. Moved: Burbidge Seconded: Noble- Gulliford Passed: Unanimously, 3 -0 E. Consider Amending the 2013 Planning Commission Work Program to Add an Item Related to the Keeping of Miniature Goats Planning Manager Conlen noted that staff was asked at the September 3, 2013 Council meeting to research this topic. Conlen presented a summary which included information on local ordinances, animal space requirements, health issues for both humans and animals, nuisance issues and the impact to allocation of city resources. Several jurisdictions ordinances were reviewed and the average lot size required those ordinances is 17,000 square feet and many require larger setbacks from the property lines for the housing structure for the animal as well as having specific criteria for cleaning of the structures, handling and removal of pet waste. Other jurisdiction ordinances simply referred to their nuisance ordinance. The Seattle King County Health Department Veterinarian recommended miniature goats have a minimum of 5,000 square feet of growing area for up to two animals and noted that since Seattle has begun allowing goats, they have seen an increase of rat infestations in these locations. Dr. Susan Kerr from the Northwest Regional Livestock and Dairy Specialist at Washington State University stated that confinement to small spaces would result in health issues and abnormal behavior in the animals. Dr. Kerr also stated that miniature goats living in small indoor spaces for their primary living space is not a good idea for health and sanitation reasons, that specialized care is needed in wetter climates; specifically in the northwest and that lack of proper parasite control would be fatal. Discussion continued regarding, communicable diseases and how they are transmitted, the importance of knowing how to properly care for the animals. Planning Manager Conlen addressed the nuisance aspects noting that some ordinances recommend having two goats since they are herding animals and tend to be less noisy, some sited to the nuisance ordinance for noise related complaints. In terms of odor, the males smell unless they are de- horned and neutered. Some ordinances do not allow males and others require the goat to be de- horned and neutered if they are going to be kept as pets. Further discussion continued related to impact to staffing and the need for specialized training if this topic moves forward. Committee forwarded Option #2 as presented. Moved: Noble- Gulliford Seconded: Burbidge Passed: Unanimously, 3 -0 F. Amendments to Federal Way Revised Code (FWRC) Chapter 19.115.020, "Community Design Guidelines, Administration" Contract Planner Harris gave a brief presentation on the proposed amendments regarding community design guidelines. The design guidelines are implemented on commercial, October 15, 2013 Consent October 15, 2013 Business October 15, 2013 Ordinance 1s' Reading Committee Members City Staff Bob Celski, Chair Cady M. Roe, P.E., Director of Parks, Public Works and Emergency Management Jeanne 8urbidge, Member Shawna Upton, Administrative Assistant II Diana Noble- Gulliford, Member 253 - 835 -2703 multi - family and institutional uses and have limited flexibility. The guidelines relate to building design, building orientation, modulation, pedestrian circulation both onsite and from public rights of way, parking structure design and other similar topics. Staff is looking to increase the flexibility to allow the design guidelines to work more as guidelines and less like standards within the zoning code to offer opportunities for designers to provide greater, unique architecture. The intent is to add flexibility and keep the guidelines in place while meeting the larger intent of the guidelines such as protecting property values, enhancing the appearance of the city and improve circulation of public spaces. Committee forwarded Option #1 as presented. Moved: Noble- Gulliford Seconded: Burbidge Passed: Unanimously, 3 -0 G. Steel Lake LIVID — Time of Payment Ordinance October 15, 2013 Ordinance Surface Water Manager Appleton noted staff is near the end of the process for reforming V Reading Steel Lake Management District Number 1. Member Noble - Gulliford asked if the same guidelines are applied to the North Lake Management District and wondered if they had been apprised of this topic going before the Committee. Mr. Appleton noted that there is one small difference between the ordinances and that is there is no escalation of CPI associated with the ordinance. The residents specifically request that not be included and that the residents were advised this was going to be addressed at this meeting. Committee forwarded Option #1 as presented. Moved: Burbidge Seconded: Noble- Gulliford Passed: Unanimously, 3 -0 H. Steel Lake LIVID - Resolution Establishing SLMD Advisory Committee October 15, 2013 Business Surface Water Manager Appleton stated that the purpose of this resolution allows for the creation of the advisory committee which helps to oversee and manage the funds for the lake management district and make recommendations to Council. Chair Celski asked if there are any specifications regarding the allowed length of time one can remain on the committee. Mr. Appleton stated there are no limits. Committee forwarded Option #1 as presented. Moved: Burbidge Seconded: Noble- Gulliford Passed: Unanimously, 3 -0 2013 -2015 DOE Capacity Grant Surface Water Project October 15, 2013 Consent Surface Water Manager Appleton presented information on the DOE Capacity Grant noting there are two parts associated with this grant. The first is a $50,000 made available to assist with the implementation and management of the NPDES Municipal Stormwater Permit; no match required. The second is up to $120,000 to plan and design flow control or treatment facilities. Staff is proposing to submit for this funding. There is no match required. Mr. Appleton stated will need to identify a project that provides either water quality, flow control or both and the funds, up to $120,000, can be used for the planning and design of that project. Staff is proposing to identify, design and construct water quality retrofit projects within or adjacent to right -of -way within the City. Several approaches will be considered including filtration, infiltration, bioretention as well as water quality vaults. Discussion continued regarding project benefits, the process that will be used in choosing locations and estimated timeline for completion. Committee forwarded Option #1 as presented. Moved: Noble- Gulliford Seconded: Burbidge Passed: Unanimously, 3 -0 1 2014 Asphalt Overlay Program Preliminary Project List and Authorization to Bid October 15, 2013 Consent Street Systems Engineer Huynh provided information regarding available funding for this project along with estimated costs for completing the project. The anticipated date for Committee Members City Staff Bob Celski, Chair Cky M. Roe, P.E., Director of Parks, Public Works and Emergency Management Jeanne Burbidge, Member Shawna Upton, Administrative Assistant H Diana Noble- Gu/liford, Member 153 - 835 -2703 advertising is January 2014 with construction estimated to begin in April 2014. Member Noble - Gulliford asked if the overlay project work can be staggered so that commuters have more options for traveling to their destinations outside the construction areas. Mr. Huynh stated that the contractor is instructed by staff to perform preliminary work on not more than two areas at a time and for arterials, the contractor is instructed to stagger the paving, planing and striping to only one area at a time. Committee forwarded Option #1 as presented. Moved: Noble - Guiliford Seconded: Burbidge Passed: Unanimously, 3 -0 K. 2013 Asphalt Overlay Project — Final Acceptance Street Systems Engineer Huynh stated the 2013 Asphalt Overlay project is complete and finished $50,987.63 below the budgeted amount. Staff is asking for authorization for final acceptance of the 2013 Asphalt Overlay Project. Committee forwarded Option #1 as presented. Moved: Burbidge Seconded: Noble - Gulliford Passed: Unanimously, 3 -0 L. S 320th Street Preservation Project — 85% Design Status Report and Authorization to Bid Street Systems Engineer Huynh presented information on the proposed S 320th Street Preservation Project. The city received grant funding for the overlay and ADA retrofit on S 320th Street between 11th Place S and I -5 limited access. The project has been completed to 85% design completion including environmental documentation approval, site preparation and generalization plans and preliminary contract specifications. Final preparation of the contract specifications and project design tasks are still being worked on to bring the project to 100% design status. Committee forwarded Option #1 as presented. Moved: Noble - Gulliford Seconded: Burbidge Passed: Unanimously, 3 -0 4. OTHER October 15, 2013 Consent October 15, 2013 Consent 5. FUTURE MEETINGS /AGENDA ITEMS: The next LUTC meeting will be Monday, November 4, 2013 at 5:30 p.m. in City Hall Council Chambers. 6. ADJOURN The meeting adjourned at 7:51 PM. COMMITTEE APPROVAL: Bob Celski, Chair Jeanne Burbidge, Member Attest: Shawna Upton, Administrative Assistant H Diana Noble - Gulliford, Member Committee Members City Staff Bob Ce /ski, Chair Ca7y M. Roe, P. E., Director of Parks, Public Works and Emergency Management Jeanne Burbidge, Member Shawn Upton, Administrative Assistant II Diana Noble - Gulliford, Member 153 - 835 -1703 This page left blank intentionally. SUBJECT: Setting Public Hearing Date for the Street Vacation of a Portion of South 337th Street POLICY QUESTION: Should City Council approve a resolution to set a Public Hearing for the street vacation of a portion of the right of way within S 337th Street on January 6, 2014? COMMITTEE: Land Use and Transportation Committee MEETING DATE: November 4, 2013 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ® Resolution ❑ Other STAFF REPORT BY: John Mulkey, P.E., Street Systems Project Engineer DEPT: Public Works : -" .....__._ ............................._..._... ..._._................._..._... ........... _ Attachments: Land Use and Transportation Committee memorandum (includes resolution and exhibits) dated November 4, 2013. Options Considered: 1. Approval of the Resolution to set the date of a public hearing for the street vacation of a portion of the right of way within S 337th Street at the January 6, 2014 at 7:00 p.m. 2. Set Public Hearing on an alternative date recommended by the committee. 3. Do not Approval of the Resolution to fix the date and time of the public hearing and provide direction to staff. MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the November 19, 2013 City Council Consent Agenda for approval. MAYOR APPROVAL: DIRECTOR APPROVAL: y i•4-- Commi a Council Committee COMMITTEE RECOMMENDATION: Forward Option 1 to the November 19, 2013 City Council Consent Agenda for approval. Bob Celski, Chair Jeanne Burbidge, Member Diana Noble - Gulliford, Member PROPOSED COUNCIL MOTION: "I move to approve the Resolution to set the date of a public hearing for the street vacation of a portion of the right of way within S 337`11 Street at the January 6, 2014 at 7:00 p.m. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED /DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # 9 CITY OF FEDERAL WAY MEMORANDUM DATE: November 4, 2013 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor FROM: Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management John Mulkey, P.E., Street Systems Project Engineer 1"4 SUBJECT: Setting Public Hearing Date for the Street Vacation of a Portion of S 337th Street BACKGROUND: Steve & Cathy Lindula have petitioned the City to vacate a portion of S 337th Street, located on the north side of S 337th Street west of 33 Place S. See the accompanying legal description (Exhibit "A "), map of the area to be vacated (Exhibit `B ") and Vicinity Map for exact location. The area is a ten -foot wide portion of unused Right -of -Way along S 337th Street adjacent to Mr. & Mrs. Lindula's property. The area proposed for vacation is 10 feet wide and varies from 34.55 to 41.76 feet in length. The existing Right -of -Way in this area is 80 feet wide, and this width extends from 33 Place S to 30'h Avenue S. The current alignment of S 337th Street is in the proposed remaining 70 -foot wide portion of the Right -of -Way. Mr. & Mrs. Lindula's property is zoned Residential RS9.6. The area is listed as single family, High Density in the Comprehensive Plan. The planned street section for S 337th Street, is Section "W" (attached) in the City Development Standards, which calls for a 52 -foot Right -of -Way. Petitioner is seeking the street vacation in order to correct an existing encroachment of a garage into the front property line set back. The area to be vacated has one (1) abutting private property owner. The sole property owner has signed the petition. 10 RESOLUTION NO. A RESOLUTION of the City Council of the City of Federal Way, Washington, regarding vacation of a portion of South 337th Street, setting a Public Hearing for the Street Vacation. WHEREAS, a proper petition has been filed requesting vacation of a portion of South 337th Street, west of 33rd Place South, in the City of Federal Way, as described in Exhibit "A" (legal description) and as depicted on Exhibit `B" attached hereto; and WHEREAS, the petition contains the signatures of the owners of at least two- thirds of the property abutting the portion of South 337th Street, west of 33rd Place South proposed to be vacated; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. A public hearing on the aforesaid vacation petition shall be held at the regular meeting of the Federal Way City Council at 7:00 p.m. on January 6, 2014, in the Council Chambers in the City Hall, 33325 8th Avenue South, Federal Way, Washington. Said hearing date is not more than sixty (60) nor less than twenty (20) days after the date of the passage of this resolution. Section 2. The City Clerk shall give at least twenty (20) days notice of the hearing and cause the notice to be posted as provided by law. Section 3. The Public Works Director shall obtain the necessary approval or rejection of, or other information from the City departments, affected agencies, and utilities, fire and police agencies, and shall transmit such information to the City Council so that the matter can be considered by the City Council at the public hearing on January 6, 2014. Resolution No. 13- Page 1 of 3 Rev 1/10 11 Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 5. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener /clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 7. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 20_ Resolution No. 13- 12 Page 2 of 3 Rev 1 /10 CITY OF FEDERAL WAY MAYOR, SKIP PRIEST ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 13- 13 Page 3 of 3 Rev 1 /10 EXHIBIT A That portion of the Northerly 40 foot R/W of S. 337th Street (Washington Avenue), in the Northeast quarter of the Northeast quarter of Section 21, Township 21 North, Range 04 East, W. M., King County, Washington, more particularly described as follows: Commencing at the Southwest corner of Lot 1, Plat of Louise's North Lake Tracts, as recorded in Volume 40 of Plats, Page 23, records of King County Washington, the True Point of Beginning; Thence N 89 °50'20" E, along the Southerly boundary thereof, a distance of 41.76 feet, to the Northwesterly 30 foot R/W margin of 33rd Place S. (Co. Rd. No. 2612); Thence S 35 °37'20" W, along the extended Northwesterly 30 foot R/W margin of 33rd Place S., a distance of 12.33 feet; Thence S 89 °50'20" W, a distance of 34.55 feet; Thence N 0 °09'40" W, a distance of 10.00 feet, to the True Point of Beginning. Containing 382 square feet, more or less. 14 EXHIBIT B NE 1/4, NE 1/4, Section 21, T 21 N, R 04 E, WM King County, Washington 0 20 40 SCALE: 1" = 20' I I LOT 2 1 LOT 1 p. TRUE POINT OF ,moo^ �ryo BEGINNING � °` N89 °50'30 "E �3y b 41.76' ° 0 AREA VACATED (382 SF) 34.55' w S89 °50'20 "W I r4c, �C7 I c I" C) I N89 050'20 "E 49.91' C/L S. 337th STREET N tic M,q AA /ti RAM SURVEYING & MAPPINGS LLC 13110 111th Ave NE Kirkland, WA 98034 Phone: (206) 612-7633 Email: rmature @ramsm.com Website: http: / /www.ramsm.com 15 Map Date: 5/13/13 City of S 337th Street Vicinty Map City of Federal Way 33325 8th Ave S Federal Way, Wa. 98003 Federal Way Right of Way Vacation (P) 253- 835 -7000 y (W) www.cityoffederalway.com CITY OF 0 0.5 1 as a graphical representation. Federal Way■ Mile The City of Federal Way makes N no warranty as to its accuracy. CROSS SECTION TYPE W 1 LAN E + PARKING 3, 59 49* 81 12' 8, 4,* 5' 131 Util. Parking Parking � 0 UHL • e Strip Strip u � � Sal 52' MINIMUM PAVEMENT SECTION LOCAL 0,25' HMA CL h-, PG 64 -22 0.17' CSTC 0.42' CSBC NOTES: * PLANTER STRIP DIMENSION IS MEASURED FROM THE SIDEWALK TO THE FACE OF CURB. c"vw � PUBLIC 17 LOCAL ®Vf• NO. Fe o WORKS 3-2W This page left blank intentionally. 18 COUNCIL MEETING DATE: November 19, 2013 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2014 Right of Way Landscape Maintenance Contract — Bid Award POLICY QUESTION: Should the City Council award the 2014 Right of Way Landscape Maintenance Contract to the lowest responsive, responsible bidder? COMMITTEE: Land Use and Transportation Committee MEETING DATE: November 4, 2013 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑_ Other_ STAFF REPORT BY: Marwan P. E., Deputy Public Works Director�YWEPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated November 4, 2013 and the 2014 Right of Way Landscape Maintenance Contract Bid Tabulation Po" .Considered: ......._.........__.._....._..----....._- ......................................................... .............. _._... ...._............_..._........— -..._.._.... ......_...._......_._.......... _..._._......__._...... --...._..._...- ---- --- --- --- - .- ....._.._... - -- -- - -- - - 1. Award the Right of Way Landscape Maintenance Contract to Total Landscape Corporation, the lowest responsive, responsible bidder in the amount of $184,727.45 and authorize the Mayor to execute the contract. 2. Reject all bids for the Right of Way Landscape Maintenance Contract and direct staff to rebid the project and return to Council for further action. MAYOR'S RECOMMENDATION: Mayor recommends approval of Option 1. MAYOR APPROVAL: DIRECTOR APPROVAL: tomnut#e Council ommittee COMMITTEE RECOMMENDATION: Forward Option 1 to the November 19, 2013 City Council Consent Agenda for approval. Bob Celski, Chair Jeanne Burbidge, Member Diana Noble - Gulliford Member PROPOSED COUNCIL MOTION: "I move to award the Right of Way Landscape Maintenance Contract to Total Landscape Corporation the lowest responsive, responsible bidder in the amount of $184,727.45 and authorize the Mayor to execute the contract. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # 19 CITY OF FEDERAL WAY MEMORANDUM DATE: November 4, 2013 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor FROM: Cary M. Roe, P.E., Director of Parks, Public Works an mergency Management Marwan Salloum, P.E., Deputy Public Works Director SUBJECT: 2014 Right of Way Landscaping Maintenance Contract — Bid Award BACKGROUND: Three bids were received and opened on October 22, 2013 for the 2014 Right of Way Landscaping Maintenance Contract. The total bids for this contract are as follows: Company Total Landscape Corporation TruGreen Landscape, LLC Osaka Gardens Service, Inc. Available 2014 Budget Amount Bid Amount $184,727.45 $187,666.74 $192,658.52 $211,500.00 Reference checks on Total Landscape Corporation by City staff indicate that the contractor has performed similar work. As a result, City staff believes Total Landscape Corporation, can successfully complete this project to the City's satisfaction. Therefore, the lowest responsive, responsible bidder is Total Landscape Corporation in the amount of $184,727.45. 20 2014 ROW Landscape Maintenance RFB No. 13-110 Bid Tabulation 21 2014 ROW Landscape Maintenance RFB No. 13 -110 Bid Tabulation e n..... - 91 orN e Vendor Name -> Location - - -> Bid 2 TruGreen Landcare, LLC Lakewood, WA Bid 3 Tam Osaka Garden Svc. Inc. Federal Way. WA Month Project #6 S 320th St -1-5 to We erhaeuser Quantity 0 3 7 10 13 12 13 12 12 9 5 0 1 1 3 4 4 4 4 3 3 Price $41.75 $41.75 $41.75 $41.75 $41.75 $41.75 $41.75 $41.75 $41.75 $41.75 $41.75 $0.00 $74.40 $74.40 $74.40 $74.40 $74.40 $74.40 $74.40 $74.40 $74.40 Total $0.00 $125.25 $292.25 $417.50 $542.75 $501.00 $542.75 $501.00 $501.00 $375.75 $208.75 $0.00 $74.40 $74.40 $223.20 $297.60 $297.60 $297.60 $297.60 $223.20 $223.20 Price Total January $0.00 $25.75 $25.75 $25.75 $25.75 $25.75 $25.75 $25.75 $25.75 $25.75 $25.75 $0.00 $0.00 $77.25 $180.25 $257.50 $334.75 $309.00 $334.75 $309.00 $309.00 $231.75 $128.75 $0.00 February March April May June July Auaust September October November December Subtotal Pro ct 6 $20.60 $20.60 $20.60 $20.60 • $20.60 $20.60 $20.60 $20.60 $20.60 $20.60 $20.60 $61.80 $82.40 $82.40 $82.40 $82.40 $61.80 $61.80 Project #7 S 324th St -11 PI S to 18 Ave S January February March April May June Jul August September October November December 3 4 1 0 5 10 14 17 17 17 16 15 11 9 0 0 0 3 4 5 4 5 3 4 3 5 $74.40 $74.40 $74.40 $0.00 $32.79 $32.79 $32.79 $32.79 $32.79 $32.79 $32.79 $32.79 $32.79 $32.79 $0.00 $0.00 $0.00 $65.67 $65.67 $65.67 $65.67 $65.67 $65.67 $65.67 $65.67 $65.67 $223.20 $297.60 $74.40 $0.00 $163.95 $327.90 $459.06 $557.43 $557.43 $557.43 $524.64 $491.85 $360.69 $295.11 $0.00 $0.00 $0.00 $197.01 $262.68 $328.35 $262.68 $328.35 $197.01 $262.68 $197.01 $328.35 $20.60 $20.60 $20.60 $0.00 $41.20 $41.20 $41.20 $41.20 $41.20 $41.20 $41.20 $41.20 $41.20 $41.20 $0.00 $61.80 $82.40 $20.60 $0.00 $206.00 $412.00 $576.80 $700.40 $700.40 $700.40 $659.20 $618.00 $453.20 $370.80 $0.00 Subtotal Project 7 Project #B S 336th St -1 -5 to 1 st Ave S January February March April May June 5uly Auclust September October November December Subtotal PfO Oct 8 Project #9 S 342nd St Libra Lane January $0.00 $0.00 $10.30 $10.30 $10.30 $10.30 $10.30 $10.30 $10.30 $10.30 $10.30 $0.00 $0.00 $30.90 $41.20 $51.50 $41.20 $51.50 $30.90 $41.20 $30.90 $51.50 February March April May June Jul August September October November December Subtotal Project 9 0 0 5 10 14 17 17 17 16 15 11 9 $0.00 $0.00 $64.21 $64.21 $64.21 $64.21 $64.21 $64.21 $64.21 $64.21 $64.21 $64.21 $0.00 $0.00 $321.05 $642.10 $898.94 $1,091.57 $1,091.57 $1,091.57 $1,027.36 $963.15 $706.31 $577.89 $0.00 $0.00 $164.80 $164.80 $164.80 $164.80 $164.80 $164.80 $164.80 $164.80 $164.80 $164.80 $0.00 $0.00 $824.00 $1,648.00 $2,307.20 $2,801.60 $2,801.60 $2,801.60 $2,636.80 $2,472.00 $1,812.80 $1,483.20 Project #10 S 348th St -16 Ave S to Hoyt January February March April May June July August September October November December Subtotal Project 10 0 $0.00 $0.00 $0.00 $0.00 22 2014 ROW Landscape Maintenance RFB No. 13 -110 Bid Tabulation Vendor Name -> Location > Bid 2 TruGreen Landcare, LLC Lakewood WA Bid 3 Tom Osaka Garden Svc. Inc. Fed" Way, WA Month Proj2ct #11 SW 356th St- 1st Ave Sto21atSW Quantity 0 3 8 10 14 12 14 12 12 7 6 0 1 1 3 4 4 4 4 3 3 3 4 1 Price $0.00 $61.22 $61.22 $61.22 $61.22 $61.22 $61.22 $61.22 $61.22 $61.22 $61.22 $0.00 $106.29 $106.29 $106.29 $106.29 $106.29 $106.29 $106.29 $106.29 $106.29 $106.29 $106.29 $106.29 Total $0.00 $183.66 $489.76 $612.20 $857.08 $734.64 $857.08 $734.64 $734.64 $428.54 $367.32 $0.00 $106.29 $106.29 $318.87 $425.16 $425.16 $425.16 $425.16 $318.87 $318.87 $318.87 $425.16 $106.29 Price Total January $0.00 $20.60 $20.60 $20.60 $20.60 $20.60 $20.60 $20.60 $20.60 $20.60 $20.60 $0.00 $0.00 $61.80 $164.80 $206.00 $288.40 $247.20 $288.40 $247.20 $247.20 $144.20 $123.60 $0.00 February March April May June July Au ust September October November December Subtotal Project 11 $20.60 $20.60 $20.60 $20.60 $20.60 $20.60 $20.60 $20.60 $20.60 $20.60 $20.60 $20.60 $20.60 $20.60 $61.80 $82.40 $82.40 $82.40 $82.40 $61.80 $61.80 $61.80 $82.40 $20.60 Project #12 23rd Ave S - S 316 to S 324 January February March riI May June Jul Au ust September October November December Subtotal Pro ect 12 1 4 9 11 14 14 14 13 13 11 9 1 0 7 8 11 15 13 14 14 13 11 9 0 0 7 8 11 15 13 14 14 13 11 9 0 $60.84 $60.84 $60.84 $60.84 $60.84 $60.84 $60.84 $60.84 $60.84 $60.84 $60.84 $60.84 $0.00 $59.69 $59.69 $59.69 $59.69 $59.69 $59.69 $59.69 $59.69 $59.69 $59.69 $0.00 $68.04 $68.04 $68.04 $68.04 $68.04 $68.04 $68.04 $68.04 $68.04 $68.04 $68.04 $60.84 $243.36 $547.56 $669.24 $851.76 $851.76 $851.76 $790.92 $790.92 $669.24 $547.56 $60.84 $0.00 $417.83 $477.52 $656.59 $895.35 $775.97 $835.66 $835.66 $775.97 $656.59 $537.21 $0.00 $0.00 $476.28 $544.32 $748.44 $1,020.60 $884.52 $952.56 $952.56 $884.52 $748.44 $612.36 $20.60 $20.60 $20.60 $20.60 $20.60 $20.60 $20.60 $20.60 $20.60 $20.60 $20.80 $20.60 $92.70 $92.70 $92.70 $92.70 $92.70 $92.70 $92.70 $92.70 $92.70 $92.70 $92.70 $0.00 $0.00 $128.75 $128.75 $128.75 $128.75 $128.75 $128.75 $128.75 $128.75 1 $128.75 $128.75 $20.60 $82.40 $185.40 $226.60 $288.40 $288.40 $288.40 $267.80 $267.80 $226.60 $185.40 $20.60 $0.00 $648.90 $741.60 $1,019.70 $1,390.50 $1,205.10 $1,297.80 $1,297.80 $1,205.10 $1,019.70 $834.30 $0.00 $0.00 $901.25 $1,030.00 $1,416.25 $1,931.25 $1,673.75 $1,802.50 $1,802.50 $1,673.75 $1,416.25 $1,158.75 Pro ect #13 116th Ave S /Ench P - SR 99 to S 356 January February March April May June July August September October November December Subtotal Pro' ct 13 Project #14 SR -99 - S 272 to S 283 January February March April May June July Au ust September October November December Subtotal Pro ect 14 Project #15 SR -99 - S 283 to 18 Ave S January February March April May June July August September October November December Subtotal Project 15 23 2014 ROW Landscape Maintenance RFB No. 13 -110 Bid Tabulation 24 Bid 2 Bid 3 Vendor Name - -> TruGreen Landcare, LLC Tom Osaka Garden Svc. Inc. Location > Lakewood. WA Federal W , WA Month Quantity Price Total Price Total Project #16 SR -9915 Ave S to S 310 January 0 $0.00 $0.00 $0.00 $0.00 February 7 $51.55 $360.85 $128.75 $901.25 March 8 11 15 $51.55 $51.55 $51.55 $412.40 $567.05 $773.25 $128.75 $128.75 $128.75 $1,030.00 $1,416.25 $1,931.25 April May June 13 $51.55 $670.15 $128.75 $1,673.75 July 14 14 $51.55 $51.55 $721.70 $721.70 $128.75 $128.75 $1,802.50 $1,802.50 August September 13 11 $51.55 $51.55 $670.15 $567.05 $128.75 $128.75 $1,673.75 $1,416.25 October November 9 $51.55 $463.95 $128.75 $1,158.75 December 0 $51.55 $0.00 $0.00 $0.00 Subtotal Pro' ct 16 Project #17 SR -99 S 310 to S 324 January 1 7 $73.85 $73.85 $73.85 $516.95 $92.70 $92.70 $92.70 $648.90 February March 8 $73.85 $590.80 $92.70 $741.60 riI 11 15 $73.85 $73.85 $812.35 $1,107.75 $92.70 $92.70 $1,019.70 $1,390.50 May June 13 14 $73.85 $73.85 $960.05 $1,033.90 $92.70 $92.70 $1,205.10 $1,297.80 July August 14 13 11 $73.85 $73.85 $73.85 $1,033.90 $960.05 $812.35 $92.70 $92.70 $92.70 $1,297.80 $1,205.10 $1,019.70 September October November 9 $73.85 $664.65 $92.70 $834.30 December 1 $73.85 $73.85 $92.70 $92.70 Subtotal Pro'ect 17 Project #18 SR -99 - S 324 to S 340 1 7 $105.08 $105.08 $105.08 $735.56 $128.75 $128.75 $128.75 $901.25 January February March 8 11 $105.08 $105.08 $840.64 $1,155.88 $128.75 $128.75 $1,030.00 $1,416.25 April May 15 $105.08 $1,576.20 $128.75 $1,931.25 June 13 $105.08 $1,366.04 $128.75 $1,673.75 July 16 $105.08 $1,681.28 $128.75 $2,060.00 August 14 13 $105.08 $105.08 $1,471.12 $1,366.04 $128.75 $128.75 $1,802.50 $1,673.75 September October 11 9 $105.08 $105.08 $1,155.88 $945.72 $128.75 $128.75 $1,416.25 $1,158.75 November December 1 $105.08 $105.08 $128.75 $128.75 Subtotal Pro t 18 Project #19 SR -99 - S 348 to S 356 0 $0.00 $0.00 $0.00 $0.00 January February 2 6 $74.68 $74.68 $149.36 $448.08 $30.00 $30.00 $60.00 $180.00 March April 7 11 $74.68 $74.68 $522.76 $821.48 $30.00 $30.00 $210.00 $330.00 may June 9 $74.68 $672.12 $30.00 $270.00 Jul 11 $74.68 $821.48 $30.00 $330.00 u ust 9 10 $74.68 $74.68 $672.12 $746.80 $30.00 $30.00 $270.00 $300.00 September October 7 4 $74.68 $74.68 $522.76 $298.72 $30.00 $30.00 $210.00 $120.00 November December 0 $0.00 $0.00 $0.00 $0.00 Subtotal Pro' ct 19 Project #20 1st Way S - S 356 to S 312 January 0 5 $0.00 $85.56 $0.00 $427.80 $0.00 $144.20 $0.00 $721.00 February March 10 14 $85.56 $85.56 $855.60 $1,197.84 $144.20 $144.20 $1,442.00 $2,018.80 April May 17 17 $85.56 $85.56 $1,454.52 $1,454.52 $144.20 $144.20 $2,451.40 $2,451.40 June Jul 17 16 $85.56 $85.56 $1,454.52 $1,368.96 $144.20 $144.20 $2,451.40 $2,307.20 August September 15 $85.56 $1,283.40 $144.20 $2,163.00 October 11 9 $85.56 $85.56 $941.16 $770.04 $144.20 $144.20 $1,566.20 $1,297.80 November December 0 $0.00 $0.00 $0.00 $0.00 Subtotal Project 20 24 2014 ROW Landscape Maintenance RFB No. 13.110 Bid Tabulation 25 Bid 2 Bid 3 Vendor Name -> TruGreen Landcare, LLC Tom Osaka Garden Svc. Inc. Location ---- -> Lakewood, WA Federal W , WA Month Quantity Price Total Price Total Pro ect #21 21st Ave SW - SW 356 to SW 312 January 0 $0.00 $0.00 $0.00 $0.00 February 3 $120.91 $362.73 $144.20 $432.60 March 8 $120.91 $967.28 $144.20 $1,153.60 HI 11 $120.91 $1,330.01 $144.20 $1,586.20 May 15 $120.91 $1,813.65 $144.20 $2,163.00 June 13 $120.91 $1,571.83 $144.20 $1,874.60 Jul 15 $120.91 $1,813.65 $144.20 $2,163.00 August 13 $120.91 $1,571.83 $144.20 $1,874.60 September 13 $120.91 $1,571.83 $144.20 $1,874.60 October 8 $120.91 $967.28 $144.20 $1,153.60 November 7 $120.91 $846.37 $144.20 $1,009.40 December 0 $0.00 $0.00 $0.00 $0.00 Subtotal Project 21 Project #22 21st Ave S - S 320 to S 316 January 1 1 $68.91 $68.91 $68.91 $68.91 $22.00 $22.00 $22.00 $22.00 February March 3 $68.91 $206.73 $22.00 $66.00 HI 4 $68.91 $275.64 $22.00 $88.00 may 4 $68.91 $275.64 $22.00 $88.00 June 4 $68.91 $275.64 $22.00 $88.00 Jul 4 $68.91 $275.64 $22.00 $88.00 August 3 $68.91 $206.73 $22.00 $66.00 September 3 $68.91 $206.73 $22.00 $66.00 October 3 $68.91 $206.73 $22.00 $66.00 November 4 $68.91 $275.64 $22.00 $88.00 December 1 $68.91 $68.91 $22.00 $22.00 Subtotal Pro'ect 22 Project #23 S 317th St - 28 Ave S & Roundabout January 0 3 $0.00 $28.70 $0.00 $86.10 $0.00 $20.60 $0.00 $61.80 February March 8 $28.70 $229.60 $20.60 $164.80 HI 9 $28.70 $258.30 $20.60 $185.40 May 12 $28.70 $344.40 $20.60 $247.20 June_ 13 $28.70 $373.10 $20.60 $267.80 July 12 $28.70 $344.40 $20.60 $247.20 August 12 $28.70 $344.40 $20.60 $247.20 September 12 $28.70 $344.40 $20.60 $247.20 October 9 $28.70 $258.30 $20.60 $185.40 November 7 $28.70 $200.90 $20.60 $144.20 December 0 $0.00 $0.00 $0.00 $0.00 Subtotal Pro ict 23 Project #24 S 333rd SYS 332nd St - Roundabout to 13 PI S 0 $0.00 $0.00 $0.00 $0.00 January February 3 $81.90 $245.70 $20.60 $61.80 March 8 $81.90 $655.20 $20.60 $164.80 HI 9 $81.90 $737.10 $20.60 $185.40 May 12 $81.90 $982.80 $20.60 $247.20 June 13 $81.90 $1,064.70 $20.60 $267.80 July 12 $81.90 $982.80 $20.60 $247.20 August 12 $81.90 $982.80 $20.60 $247.20 September 12 $81.90 $982.80 $20.60 $247.20 October 9 $81.90 $737.10 $20.60 $185.40 November 7 $81.90 $573.30 $20.60 $144.20 December 0 $0.00 $0.00 $0.00 $0.00 Subtotal Project 24 Project 925 Roundabout - S 33481 at 38th S January 0 1 2 $0.00 $110.18 $110.18 $0.00 $110.18 $220.36 $0.00 $10.50 $10.50 $0.00 $10.50 $21.00 February March April 2 $110.18 $220.36 $10.50 $21.00 May 2 $110.18 $220.36 $10.50 $21.00 June 4 $110.18 $440.72 $10.50 $42.00 July 2 $110.18 $220.36 $10.50 $21.00 August 3 $110.18 $330.54 $10.50 $31.50 September 2 $110.18 $220.36 $10.50 $21.00 October 2 $110.18 $220.36 $10.50 $21.00 November 2 $110.18 $220.36 $10.50 $21.00 December 0 $0.00 $0.00 $0.00 $0.00 Subtotal Project 25 25 2014 ROW landscape Maintenance RFB No. 13 -110 Bid Tabulation Total Landscape only entered extensions, no unit costs Unit costs determined by dividing extensions by the quantity Note bid amount project 16 unit costs rounded to nearest cent based on extended amount which changed the foals for February, April, June, July, and August resulting in a total increase to the pretect cost of $0.07 26 COUNCIL MEETING DATE: November 191h, 2013 ITEM #: ............. . ..................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............. . . ............ . . . . . . . . . . . . ................... . ......... . ........... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : .................. . ............ . . . . . . . . . .................. . . . . . . . . .................... . .......... . ................. . ......................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2013 -2015 Commute Trip Reduction (CTR) Program Implementation Agreement with King County POLICY QUESTION: Should the Council authorize the Mayor to enter into an agreement with King County for CTR program implementation? COMMITTEE: Land Use and Transportation Committee MEETING DATE: Nov 4th, 2013 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other DEPT: Public Works STAFF REPORT BY: Sarady Long, Senior Trans. Planning Engineer �— _ ...__...._......_..___._..__.__ .........._..__._...__.________ Attachments: Memorandum to the Land Use and Transportation Committee dated November 41h, 2013. Exhibit A; Project Scope of Work Options Considered: 1. Authorize the Mayor to execute Professional Services Contract with King County Metro Transit in the amount of $33,646 for 2013 – 2015 CTR implementation. 2. Do not authorize the Mayor to enter into an agreement with King County and hire part-time (0.60 FTE) CTR Coordinator. The City would need to identify and supplement additional budget on a yearly basis to cover employee cost and program start up. MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the November 19th, 2013 City Council Consent Agenda for approval. MAYOR APPROVAL: � DIRECTOR APPROVAL: Committe Council Co COMMITTEE RECOMMENDATION: I move to forward Option 1 to the November 19th, 2013 consent agenda for approval. Bob Celski, Chair Jeanne Burbidge, Member Diana Noble - Gulliford, Member PROPOSED COUNCIL MOTION: "I move approval and authorize the Mayor to enter into an agreement with King County Metro Transit in the amount of $33, 646 for the 2013 — 2015 CTR program implementation. " 27 (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: • APPROVED COUNCIL BILL # • DENIED IsT reading ❑ TABLED/DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # 27 CITY OF FEDERAL WAY MEMORANDUM DATE: November 0, 2013 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor FROM: Cary M. Roe, P.E., Director of Parks, Public Works, and Emergency Management &44'- Sarady Long, Senior Transportation Planning Engineer4: _. SUBJECT: Commute Trip Reduction (CTR) Program Implementation Agreement with King County BACKGROUND: The City of Federal Way has 11 worksites affected by the Washington State's Commute Trip Reduction (CTR) Law. The law requires major employers with one hundred (100) or more full -time employees scheduled who arrive at a single worksite between 6:00 am to 9:00 am to develop plans and programs to reduce drive alone commuting trips. Over the last 15 years, the City has contracted with King County for their CTR support services to implement the CTR program. The existing agreement with King County has expired and staff proposes to enter into a new, two -year Professional Services Agreement. The work to be performed under this agreement is described in the attached Exhibit A, Commute Trip Reduction Services Contract Scope of Work - July 1, 2013 through June 30, 2015. The proposed 2013 - 2015 CTR Implementation Agreement with King County would be fully funded by the state CTR technical assistance grant. For the July 1, 2013 through June 30, 2015 biennium, the state capped technical assistance funding allocation to the City at $38,869.00. This agreement was presented to the LUTC on August 5, 2013 and Council approval on September 3, 2013. The State CTR grant would be sufficient to fund the 2013 -2015 Agreement with King County Metro, which is estimated at $33,646.00. Please see attached Exhibit B for assumptions of the state grant and expenditures. Staff believes this is a cost - effective way to implement the CTR program, as most cities have a full -time CTR coordinator. cc: Project File Day File K:`•,TR- ,0T](':£`IR Pr gar &.2013 -201 RKing County ContaCIA -LIC: In -7-13 20113 -12013 (7111molementmion Agrm ment Mkh Kwg (.'mrty.dc- 20 City of Federal Way — Exhibit A Commute Trip Reduction Services Contract Scope of Work Period: July 1, 2013, through June 30, 2015 King County will implement all elements of the City of Federal Way CTR workplan through the following activities Strategy 1: Train all new ETCs and new sites to ensure that they have an understanding of the requirements of the law, implementation strategies and their site's performance to date. Description: • Consult with ETCs at new sites and with new ETCs at existing sites, conduct basic ETC training quarterly, survey training as needed, update and maintain CTR website and printed information. Deliverables: • Offer regular ETC basic training sessions • Consult with new ETCs at new sites and at existing sites • Offer survey briefings aligned with survey cycles • Maintain CTR website as a source of information, materials and tools Strategy 2: Track and notify employers of legally required activities and provide technical assistance to all employers for legal compliance. Description: • Notify new sites; assist them with baseline survey and initial program development. • Send survey and program notifications to all sites, review extensions and exemptions requests, set up and assist sites with paper and online surveys and program reporting. • Negotiate steps for compliance with non - compliant worksites. Maintain database and master file records on all sites. • Provide WSDOT with an electronic copy of city's CTR - affected employers and ETCs quarterly or as required by WSDOT. Deliverables: • Notify new and existing sites of survey and program reporting requirements within timeframes specified in Law and/or Ordinance • Maintain electronic and paper records in accordance with WSDOT requirements • Document sites' compliance with required activities Strategy 3: Focus program review and survey analysis time on sites that have not made progress towards goal and spend less time reviewing program reports for sites that have made progress or goal. 29 1 Description: • For sites that have met or made progress towards goal, focus program review for completeness of report and approve using electronic submittal. • For no progress sites, conduct survey analysis and make recommendations for program improvements to ETC. • Review programs for inclusion of recommendations, as well as completeness and program summary. Deliverables: • Review all programs for completeness • Approve programs for sites that have made progress or goal • Consult with sites that have not made progress or goal and recommend improvements to program Strategy 4: Assist ETCs with marketing of commute programs and ensure they meet their program information distribution requirements. Help ETCs become a major resource to their employees by providing them with up -to -date commute information, tools for communicating with employees, turn-key commuter promotions, and opportunities to attend employer network group meetings. Description: • Review program summary and make marketing recommendations at sites that did not make progress towards goals. • Send transportation related news and announcements via email to all ETCs; coordinate and distribute materials and information for promotions such as Wheel Options and Bike to Work Day; schedule, promote, engage speakers and invite ETCs to employer network group meetings, as needed. Deliverables: • Send regular emails to ETCs on transportation related issues that they can share with their employees • Inform ETCs of program summary template on website • Print and mail new set of commute options posters to sites • Distribute promotional materials to sites for county and state -wide promotions • Notify ETCs of network group meetings Strategy 5: Actively promote alternatives to drive -alone commuting at worksites targeted by location, corridor, industry or lack of progress toward goal. 30 2 Description: • Identify highly congested employment areas and/or sites that have not made Progress toward goals for targeted outreach. Develop strategies to help ETCs communicate and promote program to employees, implement targeted promotions. Deliverables: • Organize promotions or events at select targeted areas, corridors or industries. 31 3 This page left blank intentionally. 32 COUNCIL MEETING DATE: November 19, 2013 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AMENDMENTS TO THE FWRC FOR URBAN AGRICULTURE POLICY QUESTION: Should the City amend the Federal Way Revised Code (FWRC) to provide definitions for urban agriculture uses and establish development regulations pertaining to the appropriate siting and character of such uses within the City of Federal Way? COMMITTEE: Land Use and Transportation MEETING DATE: November 4, 2013 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Senior Planner, Janet Shull, AICP DEPT: Community and Economic _ Development Background: In March, 2012, the Federal Way City Council adopted Resolution 12 -617 directing staff to develop draft comprehensive plan and zoning code amendments for urban agricultural uses. In the summer of 2012, CED staff was awarded a grant for technical assistance from Forterra to assist with the development of urban agriculture policies and regulations. On January 15, 2013, the City Council adopted Ordinance 13 -736 that established comprehensive plan polices related to urban agriculture. The Planning Commission conducted a study session in January 16, 2013 and a public hearing on September 18, 2013 at the close of which they recommended to the council approval of the staff recommendation with one modification to the definition of Farmers Market (modified language shown on page 3 of Attachment 1 — Draft Adoption Ordinance). On October 7, 2013, the LUTC conducted a public meeting on the proposed regulations at the close of which they recommended that staff prepare further modification to the definition of "farmers market" and bring the item back to the November 4, 2013 LUTC meeting for further consideration. Attachments: 1) Staff Report to the LUTC; 2) Draft Adoption Ordinance; 3) Staff Report to the Planning Commission with Exhibits A -D; 4) Draft Minutes of the September 18, 2013, Planning Commission Public Hearing. Options Considered: 1) Adopt the Mayor's recommendation as shown in the Draft Adoption Ordinance; 2) Adopt the Mayor's recommendation as further amended by the City Council; 3) Do not adopt the Mayor's recommendation . MAYOR'S RECOMMENDATION: The Mayor recommends adoption of the proposed amendments as written in the Draft Adoption Ordinance. MAYOR APPROVAL: Zino Council DIRECTOR APPROVAL: G Comm ee Co ittee COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): 1sT READING OF ORDINANCE (NOVEMBER 19,2013): "I move to forward the proposed ordinance to the December 3, 2013 meeting for second reading and enactment. " 2ND READING OF ORDINANCE (DECEMBER 3,2013): "1 move approval of the proposed ordinance." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading • TABLED/DEFERRED/NO ACTION Enactment reading • MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED- 08/12/2010 33 RESOLUTION# 41k CITY OF Federal Way CITY COUNCIL COMMITTEE STAFF REPORT DATE: October 28, 2013 TO: Bob Celski, Chair Members of the Land Use/Transportation Committee (LUTC) VIA: Skip Priest FROM: Janet Shull, AICP, Senior Planner Isaac Conlen, Planning Manage SUBJECT: Urban Agriculture Code Amendments MEETING DATE: November 4, 2013 A. POLICY QUESTION Should the City of Federal Way approve amendments to the Federal Way Revised Code (FWRC) to provide definitions for urban agriculture uses and establish development regulations pertaining to the appropriate siting and character of such uses within the City of Federal Way? B. BACKGROUND This section focuses on the definition of "Fanners Market" as follow up to the discussion at the October 7, 2013 LUTC meeting. For the full background on the development of the proposed Urban Agriculture regulations, please refer to the Staff Report to the Planning Commission attached to the Council Agenda Bill. At the October 7 LUTC meeting, staff presented the proposed code amendments and the Planning Commission recommendation to approve the proposed amendments with one modification to the definition of "Farmers Market ". The planning commission directed staff to modify the definition of farmers market to change the language to read that food - related products shall be the majority of products for sale, rather than should, and that the definition also specify vendor space be measured by the overall width of vendor display space. The Planning Commission - recommended definition is of concern to the Federal Way Farmers Market managers who expressed their concern during the public comment portion of the LUTC meeting. Concerns include the fluctuation of vendor mix throughout the course of the year (for example early and late market dates may have less fresh produce available for sale than the middle of the season). In addition, the Federal Way Farmers Market also serves as a magnet for community events that would not necessarily be considered food vendors. Therefore, the market managers don't want a definition to be adopted that might jeopardize the ability for the farmers market to serve the greater community demand for support of popular local events. City Council Committee Staff Report Meeting Date: November 4, 2013 Urban Agriculture Code Amendment 34 Page 1 C In order to further consider the concerns raised by the Farmers Market managers in light of the Planning Commission recommendation, the LUTC passed a motion directing staff to work on clarifying language for the Fanners Market definition and to bring the item back to the November 4, 2013 LUTC meeting for consideration. In the weeks following the October 7, LUTC meeting, staff conducted further research on possible Farmers Market definitions and also held a follow -up meeting with the Farmers Market managers to discuss their concerns. After further research and discussion, staff has identified further modifications that could be made to the Planning Commission - recommended definition that would make that definition more workable for the Federal Way Farmers Market. These modifications include: • Specifying that the type of products sold would be considered over the course of a calendar year (as opposed to each day the market is in operation). • Specifying that in addition to food- related products, the majority of vendors also include plants, flowers, and hand - crafted arts and craft products to better capture the actual vendor mix typically found at the Federal Way Farmers market. • Specifying that the vendor ratio would be calculated based on number of vendors selling specific products rather than width of saleable space (the market manager keeps information on who the vendors are each week, but does not keep records on the width/size of vendor stalls). • Specifying that community events are not typically counted as market vendors (this would avoid confusion as to whether community events are to be counted as vendors). C. RECOMMENDED ACTION As noted in Section B above, staff took into consideration the LUTC direction and the concerns expressed by the managers of the farmers market, and then prepared a modification to the definition of Farmers Market as recommended by the Planning Commission. STAFF RECOMMENDATION: Staff is recommending the following for the LUTC's consideration: 1. Adoption of the Planning Commission's recommendation as shown in the Draft Adoption Ordinance with the following modifications to the definition of "Farmers Market" (further modifications shown in double underline bold font). "Farmers market" means a temporary (typically outdoor) or permanent (indoor or outdoor) market where fanners, producers, and other vendors sell whole produce; value -added agricultural products such as jams, jellies, and pickles; prepared food; plants; flowers; meats; dairy products; shellfish and finfish; and other food - related products. Additionally, some vendors may sell non - food - related products and servicesu,e majority of products for sale throughout the course of the calendar year sheuW —shall be food - related products - nl�ants- flowers, and hand crafted arts and crafts products as determined by the number of vendors selling said products.. ---determined by ovenAl width of saleable sone-devoted to sale food related . Entertainment and other community activities may also be provided and are typically not considered to be market vendors; however, these activities shall be ancillary in nature and support the primary purpose of providing a venue for farmers to sell fresh produce and other agricultural products. City Council Committee Staff Report Meeting Date: November 4, 2013 Urban Agriculture Code Amendment 35 Page 2 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to urban agriculture; amending FWRC 19.05.010, 19.05.030, 19.05.060, 19.05.160, 19.05.210, 19.140.120, and adding new sections to FWRC Chapters 19.195, 19.200, 19.205, 19.210, 19.215, 19.220, 19.225, 19.230, 19.235, 19.240, and adding a new chapter to FWRC Division VII "Supplemental Zoning Regulations ". (Amending Ordinance Nos. 12- 724,12- 720,11 -700, 09 -610, 09 -605, 09 -593, 08 -585, 07 -573, 07 -554, 06 -523, 05 -487, 05 -486, 99 -357, and 99 -348) WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal Way Revised Code (F)XTRC), "Zoning and Development Code," in order to conform to state and federal law, codify administrative practices, clarify and update zoning regulations as deemed necessary, and improve the efficiency of the regulations and the development review process; and WHEREAS, this ordinance, containing amendments to development regulations and the text of Title 19 FWRC, has complied with Process VI review, chapter 19.80 FWRC, pursuant to chapter 19.35 FWRC; and WHEREAS, it is in the public interest for the City Council to adopt amendments to the FWRC which establish development regulations for urban agriculture within the City of Federal Way; and WHEREAS, there is a great deal of community interest in locating urban agriculture uses including farmers markets, community gardens and pea patches within the City of Federal Way; and WHEREAS, the FWRC does not currently define urban agriculture or provide clear direction on the siting and appropriate development standards for such uses; and Ordinance No. 13- Page 1 of 36 Rev 1 /10 LU 36 WHEREAS, on March 20 2012, the City Council adopted Resolution 12 -617 that directed staff to develop comprehensive plan and zoning code amendments for City Council consideration related to urban agriculture; and WHEREAS, staff applied for and was a awarded a grant from Forterra for technical assistance with preparing draft comprehensive plan policies and regulations that address urban agriculture; and WHEREAS, Forterra staff conducted workshops on urban agriculture policies and regulations with the public on September 12, 2012, October 15, 2012 and January 8, 2013; and WHEREAS,. on January 15, 2013, the City Council adopted Ordinance 13 -736 that established comprehensive plan policies related to urban agriculture; and WHEREAS, the Planning Commission conducted a public workshop on these proposed code amendments on January 16, 2013; and WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued for the Proposal on August 30, 2013, and no comments or appeals were received and the DNS was finalized on September 27, 2013; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on September 18, 2013, and forwarded a recommendation of approval with modification to the City Council as follows: (1) the definition of Farmers Market shall be modified to read as follows: "Farmers market" means a temporary (typically outdoor) or permanent (indoor or outdoor) market where farmers, producers, and other vendors sell whole produce; value -added agricultural products such as jams, jellies, and pickles; prepared food; plants; flowers; meats; dairy products; shellfish and finfish; and other food - related products. Ordinance No. 13- 37 Page 2 of 36 Rev 1 /10 LU Additionally, some vendors may sell non - food - related products and services; however, the majority of products for sale should shall be food - related products as determined by the overall width of saleable space devoted to sale of food - related products. Entertainment and other community activities may also be provided; however, these activities shall be ancillary in nature and support the primary purpose of providing a venue for farmers to sell fresh produce and other agricultural products. WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered these code amendments on October 7, 2013, and November 4, 2013 and recommended adoption of the text amendments as recommended by the Planning Commission, with further modification to read as follows..... NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findinas. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by providing predictability in terms of the review process and applicable regulations that shall apply to the siting of urban agriculture uses within the city limits. (b) These code amendments comply with Chapter 36.70A RCW, Growth Management. Ordinance No. 13- 38 Page 3 of 36 Rev 1/10 LU (c) These code amendments are consistent with the intent and purpose of Title 19 FWRC and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. (d) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (e) These code amendments have followed the proper procedure required under the FWRC. Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: LUG9 Provide access to healthy food resources for all residents through opportunities for urban agricultural activities, such as farmers markets, farmstands, community supported agriculture (CSA) drop -off sites, community gardens, pea patches, school gardens, home gardens, and urban farms. LUP51 Establish development regulations that allow for healthy food resources as a permitted use and provide for on -site sale and delivery of healthy foods, on public and private property, where appropriate. LUG 10 Encourage and support farmers market opportunities that are accessible to all residents. Ordinance No. 13- 39 Page 4 of 36 Rev 1 /10 LU LUP53 Establish development regulations that allow for farmers markets as a permitted use on public and private property, where appropriate. (b) The proposed FWRC amendment bears a substantial relationship to the public health, safety, and welfare because the text amendments clarify that the City of Federal Way is supportive of urban agriculture uses that increase citizens access to locally grown, healthy foods, while also increasing educational and economic opportunities associated with developing and maintaining urban agriculture uses. (c) The proposed amendment is in the best interest of the public and the residents of the City of Federal Way because greater availability of locally grown, healthy foods and opportunities to get involved in local urban agriculture activities will increase residents' access to healthy lifestyle choices; whether it be access to healthier food and/or access to healthy outdoor activities by participating in local urban farms and gardens. Section 3. FWRC 19.05.010 is hereby amended to read as follows: 19.05.010 A definitions. "Abandoned" means knowing relinquishment, by the owner, of right or claim to the subject property or structure on that property, without any intention of transferring rights to the property or structure to another owner, tenant, or lessee, or of resuming the owner's use of the property. "Abandoned" includes but is not limited to circumstances involving tax forfeiture, bankruptcy, or mortgage foreclosure. "Abandoned personal wireless service facility" means a PWSF that meets the following: (1) Operation has voluntarily ceased for a period of 60 or more consecutive days; or (2) The effective radiated power of an antenna has been reduced by 75 percent for a period of 60 or more consecutive days; or (3) The antenna has been relocated at a point less than 80 percent of the height of the support structure; or (4) The number of transmissions from an antenna has been reduced by 75 percent for a period of 60 or more consecutive days. "Accessory" means a use or structure which is subordinate and incidental in size, scale, design, or purpose to the principal use or structure on the subject property, and supports the principal use or structure without displacing or dominating it. See FWRC 19.265.010. "Accessory dwelling unit (ADUj " means either a freestanding detached structure, excluding outdoor storage containers and similar structures used or designed to be used as living facilities, or an attached part of a structure which is accessory to the main or primary dwelling unit located on the subject property, Ordinance No. 13- 40 Page 5 of 36 Rev 1 /10 LU providing complete, independent living facilities exclusively for one single housekeeping unit, including permanent provisions for living, sleeping, cooking and sanitation. See FWRC 19.265.020. ADUs include: (1) `ADU, attached" means an accessory dwelling unit that has one or more vertical and/or horizontal walls in common with or attached to the primary dwelling unit. (2) "ADU, detached" means a freestanding accessory dwelling unit that is not attached or physically connected to the primary dwelling unit. "Accessory living facility" means an area or structure on the subject property, which is accessory to a permitted use on a commercial subject property, providing provisions for living, cooking, sleeping and sanitation for an employee on the subject property and that employee's family, or for the business owner /operator and that person's family. "Active uses" means uses that by their very nature generate activity, and thus opportunities for natural surveillance, such as picnic areas, extracurricular school activities, exercise groups, etc. "Adjoining" means property that touches or is directly across a street from the subject property. For the purpose of height regulations, any portion of a structure which is 100 feet or more from a low density zone is not considered to be adjoining that zone. "Administrator" for the purpose of sign regulations means the director or his/her designated representative. "Adult entertainment, activity, retail, or use " shall mean all of the following: (1) "Adult theater" shall mean a building or enclosure or any portion thereof used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified "sexual activities" or "specified anatomical areas" (defined below) for observation by patrons therein and which excludes minors by virtue of age. (2) "Adult entertainment" shall mean a cabaret, nightclub or other establishment which features go-go dancers, exotic dancers, strippers, male or female impersonators, similar entertainers or attendants, who are so clothed or dressed as to emphasize "specified anatomical areas" and/or whose performances or other activities include or mimic "specified sexual activities" (defined in FWRC 19.05.190) and which establishment excludes minors by virtue of age, and shall mean any of the adult entertainment establishments as defined in FWRC 12.10.010. (3) "Panorama" and `peepshow" shall mean as defined in FWRC 12.10.010. (4) "Adult retail" shall mean a retail establishment which, for money or any other form of consideration, either: (a) Has as one of its principal purposes to sell, exchange, rent, loan, trade, transfer, and/or provide for viewing, off the premises, any adult- oriented merchandise; or (b) Provides, as its substantial stock -in -trade, for the sale, exchange, rental, loan, trade, transfer, and/or viewing or use, off the premises, any adult- oriented merchandise. Activities and uses defined as "adult entertainment, activity, retail, or use" are only permitted in the zone where that term is specifically listed as an allowable use and only in conformance to the requirements as stated for that use. "Adult family home " means a residential home for which a person is licensed to provide personal care, special care, room, and board to more than one, but not more than six, adults who are not related by blood or marriage to the person or persons providing the services. The number of residents in an adult family home may be no more than the total of the residents being provided services, plus a family that includes at least one service provider. Any limitation on the number of residents resulting from this definition shall not be applied to the extent it would prevent the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 USC 3604(f)(3)(b). This definition shall not be applied to the extent that would cause a residential structure occupied by persons with handicaps, as defined in the Federal Fair Housing Amendments Act of 1988, to be treated differently than a smaller residential structure occupied by other related or unrelated individuals. See FWRC 19.105.080. Ordinance No. 13- DIN Page 6 of 36 Rev 1 /10 LU "Adult- oriented merchandise " shall mean any goods, products, commodities, or other wares, including, but not limited to, videos, CD -ROMs, DVDs, magazines, books, pamphlets, posters, cards, periodicals, or nonclothing novelties which depict, describe, or simulate "specified anatomical areas" or "specified sexual activities" (defined in F)WRC 19.05.190). "Agricultural use" means any agricultural, stable or livestock use listed as an allowable use in the suburban estate zones. See definition of "urban agriculture." "Air rights " means the right to control the use of the space above the surface of the ground. "AAART" means "all known, available and reasonable methods of prevention, control and treatment," and is the most current methodology that can be reasonably required for preventing, controlling, or abating the pollutants associated with a point or nonpoint discharge. See also "best management practices." "Alluvium" means soil deposits transported by surface waters. Animal Care Facility. See definition of "animal kennel." "Animal kennel" means any structure or premises in which animals are boarded (including day care) or bred for a fee or compensation. Animal kennels may also offer grooming, training, sales of ancillary items, and related activities. "Antenna(s) " means any system of electromagnetically tuned wires, poles, rods, reflecting discs or similar devices used to transmit or receive electromagnetic waves between terrestrial and/or orbital based points, including, but is not limited to: (1) "Omni - directional (or `whip ) antenna(s) " transmits and receives radio frequency signals in a 360 - degree radial pattern. (2) "Directional (or paned ) antenna(s) " transmits and receives radio frequency signals in a specific directional pattern of less than 360 degrees. (3) "Parabolic (or `dish ) antenna(s) " is a bowl- shaped device for the reception and/or transmission of communications signals in a specific directional pattern. (4) "Ancillary antenna " is an antenna that is less than 12 inches in its largest dimension and that is not directly used to provide personal wireless communications services. An example would be a global positioning satellite (GPS) antenna. "Antique " or "collectible " means any article which, because of age, rarity, or historical significance, has a monetary value greater than its original value, or which has an age recognized by the United States government as entitling the article to an import duty less than that prescribed for contemporary merchandise. "Applicant" means a person who, whether personally or through an agent, seeks, requests, or applies for any permit, approval, license, franchise, development proposal, or capacity reserve certificate (CRC); a person who is the owner of property subject to this title, and a person who is engaged, whether personally or through an agent, in development activity. "Applicant" includes both the principal and any agent- "Aquifer" means a geological formation that is capable of yielding a usable amount of fresh water to a well or spring. "Arcade " means a linear pedestrian walkway that abuts and runs along the facade of a building. It is covered, but not enclosed, and open at all times to public use. Typically, it has a line of columns along its open side. There may be habitable space above the arcade. "Architectural embellishments for sign regulations " means the aesthetic elements of the structure that includes or encloses a sign. They do not include any copy, text, logos, graphics, or other elements of the sign face or sign base, but are solely intended to enhance the aesthetics of the structural elements surrounding or supporting the sign. "Average building elevation (ABE) " means the average of the highest and lowest existing or proposed elevations, whichever is lowest, taken at the base of the exterior walls of the structure, or it means five Ordinance No. 13- 42 Page 7 of 36 Rev 1 /10 LU feet above the lowest of the existing or proposed elevations, whichever is lowest. ABE is the elevation from which building height is measured. Mowed r r 7 t'. E t f r f ! # t 4 t Be%G& I'll datum AS M Be%udo 9 "Average slope" means the average grade of land within each land area representing a distinct topographical change. "Awning" means a nonrigid, roof -like cover that projects from a building as a shelter, but that does not project above the adjacent parapet or roof of a supporting building. (Ord. No. 11 -700, § 3, 9- 20 -11; Ord. No. 09 -610, § 3(Exh. A), 4 -7 -09; Ord. No. 09 -605, § 3(Exh. A), 3 -3 -09; Ord. No. 09 -593, § 24,1-6-09; Ord. No. 08 -585, § 3(Exh. A), 11 -4 -08. Code 2001 § 22 -1.1.) Section 4. FWRC 19.05.030 is hereby amended to read as follows. 19.05.030 C definitions. "Canopy" means a permanent, rigid, roof -like structure that projects from a building as a shelter, with no habitable space above it, but that does not project above the adjacent parapet or roof of a supporting building. A freestanding canopy is a rigid, roof -like structure providing shelter that is supported by one or more posts embedded in the ground. Cargo Containers. See "outdoor storage containers" and "portable moving containers." "Cell -on- wheels (C -O -W) " means a mobile temporary personal wireless service facility. "Cemetery" means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries, and related uses, when operated in conjunction with and within boundaries of such cemetery. "Church, synagogue or other place of religious worship" means an establishment, the principal purpose of which is religious worship and for which the principal building or other structure contains the sanctuary or principal place of worship, and which establishment may include related accessory uses. "Clearing" means the destruction and removal of vegetation by manual, mechanical, or chemical methods. "Clearview zone " means the areas around intersections, including the entrance of driveways onto streets, which must be kept clear of sight obstruction. See FWRC 19.135.300. "College or university" means a post- secondary institution for higher learning that grants associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or certificates of completion in business or technical fields. "Collocation " means the placement and arrangement of multiple providers' antennas and equipment on a single support structure or equipment pad area. Ordinance No. 13- 43 Page 8 of 36 Rev 1 /10 LU "Commercial recreation facility" means an indoor facility and use operated for profit, with private facilities, equipment or services for recreational purposes including swimming pools, tennis courts, playgrounds and other similar uses. The use of such an area may be limited to private membership or may be open to the public upon the payment of a fee. "Commercial use" means the uses allowed in the commercial zones and the nonindustrial uses permitted in the commercial enterprise zone and not permitted in any other zones of the city. "Commercial vehicle" means any truck over 10,000 pounds gross vehicle weight rating (GVWR), as defined in RCW 46.25.010, which is typically used principally for the transportation of commodities, vehicles, merchandise, produce, freight, or animals; as well as any bulldozers, backhoes, cranes, or similar construction equipment. "Commercial zones " means the BN, BC, CC -C and CC -F zoning districts. "Common recreational open space usable for many activities " means any area available to all of the residents of the subject property that is appropriate for a variety of active and passive recreational activities (including activities suitable for all age groups) and is not: (1) Covered by buildings or parking or driving areas. (2) Covered by any vegetation that impedes access. (3) On a slope that is too steep for recreational activities. "Common space" means an area within a development, which is used primarily by the occupants of that development, such as an entryway, lobby, courtyard, outside dining area, etc. "Community ardens" means Privately or publicly owned land used for the cultivation of fruits, vegetables, plants, flowers, or herbs by multiple users. Community gardens may be divided into separate plots for cultivation by one or more individuals, or may be farmed collectively by members of a group and may include common areas maintained or used by group members. Food grown is typically for community garden members or as a donation. See also the definitions for "agricultural use," "urban agriculture," and "farm stand." "Community recreation area or clubhouse " means an area devoted to facilities and equipment for recreational purposes, such as swimming pools, tennis courts, playgrounds, community clubhouses and other similar uses, which area is maintained and operated by a nonprofit club or organization whose membership is limited to the residents within a specified development or geographic area. "Community service event" or "civic event" means an event or gathering (such as a food fest, concert, fun run, cultural exhibition, or charitable fund- raising event) sponsored by a private or public nonprofit organization. Sponsoring organizations can include, but are not limited to, schools, churches, and/or civic fraternal organizations, theater and arts groups, and charitable organizations. The event may not be primarily for the purpose of selling or promoting merchandise or services. "Comprehensive plan " means the ordinances of the city, as adopted and amended from time to time, under RCW 35A.63.060 through 35A.65.080 and the shoreline master program. "Contour line " means the interconnection of points having the same height above sea level. "Convalescent center " means an inpatient facility, excluding facilities defined as hospitals, for patients who are recovering from an illness or who are receiving care for chronic conditions; mental, physical, emotional or developmental disabilities; terminal illness; or alcohol or drug treatment and may include assisted living facilities. "Copy" for signs means the graphic content of a sign surface in either permanent or removable letter, pictographic, symbolic, or alphabetic form. "Cottage food operation" means a business licensed by the State of Washington to make low -risk food products in a home kitchen and sell directly to consumers. "Cottage housing development (CHD) " means residential development consisting of clusters of between four and 16 detached dwelling units, that includes cottages and may include compact single - family units, and meets the following criteria: Ordinance No. 13- 44 Page 9 of 36 Rev 1 /10 LU (1) Dwelling units are limited to a maximum square footage; and (2) Dwelling units are grouped around a common open space; and (3) Developments meet a set of design criteria not applicable to typical single - family developments as stipulated in Chapter 19.250 FWRC. "Critical aquifer recharge areas" means areas in which water reaches the zone of saturation by surface infiltration and includes areas hydrogeologically susceptible to contamination and contamination loading potential including, but not limited to, sole water source aquifer recharge areas, special protection groundwater management areas, wellhead protection areas, and other areas with a critical recharging effect on aquifers used for potable water. "Critical root zone " means an area equal to 12 inches radius for every one inch of tree diameter measured at four and one -half feet above ground. "Cross- section (drawing) " means a visual representation of a vertical cut through a structure or any other three- dimensional form. "Curb cut" means the connection of a driveway with a street, which may entail a structural alteration to the curb by lowering the height of part of the curb. "Cut" means a portion of land surface or area from which earth has been removed or will be removed by excavation. Also known as excavation. (Ord. No. 12 -724, § 3, 6 -5 -12; Ord. No. 09 -610, § 3(Exh. A), 4 -7 -09; Ord. No. 09 -605, § 3(Exh. A), 3 -3 -09; Ord. No. 09 -593, § 24,1-6-09; Ord. No. 08 -585, § 3(Exh. A), 114-08. Code 2001 § 22 -1.3.) Section 5. FWRC 19.05.060 is hereby amended to read as follows. 19.05.060 F definitions. "Facade" means the entire building front including the parapet. "Family" means an individual; a group of not more than five individuals; or two or more individuals related by not more than four degrees of affinity or consanguinity, including persons under legal guardianship. Any limitation on the number of residents resulting from this definition shall not be applied to the extent it would prevent the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 USC 3604(f)(3)(b). This defmition shall not be applied to the extent that it would cause a residential structure occupied by persons with handicaps, as defined in the Federal Fair Housing Amendments Act of 1988, to be treated differently than a similar residential structure occupied by other related or unrelated individuals. "Family day care " means a business regularly providing care during part of the 24 -hour day to 12 or fewer persons, including children and/or adults, and the children, if applicable, of the day care provider, in the family abode of the person or persons under whose direct care those receiving care are placed. Family day care includes family day care homes for children as defined by RCW 35.63.170 and in -home day care for adults. See FWRC 19.105.070. "Farmers market" means a temporary (typically outdoor) or permanent (indoor or outdoor) market where farmers, producers, and other vendors sell whole produce; value -added agricultural products such as iams, iellies, and pickles; prepared food, plants, flowers; meats; dairy products; shellfish and finfish; and other food- related products. Additionally, some vendors may sell non- food-related products and services; however, the majority of products for sale shall be food - related products as determined by the overall width of saleable space devoted to sale of food - related products Entertainment and other community activities may also be provided; however, these Ordinance No. 13- 45 Page 10 of 36 Rev 1 /10 LU other activities shall be ancillary in nature and support the primary purpose of providing a venue for farmers to sell fresh produce and other agricultural products. "Farm stand" means a structure accessory to a community garden, urban farm, or cottage food operation for the display and sale of vegetables or produce, flowers, orchard products, animal products, locally produced packaged food products, and similar products grown or produced on the general property on which the stand is located. See the definitions for "community gardens," cottage food operation," and "urban farm." "Fast food restaurant" means an establishment which offers quick food service which is accomplished through one or more of the following mechanisms: (1) Limited menu of easily produced items. (2) Orders are not taken at the customer's table. (3) Food is served in disposable wrappings or containers. "Fence" means a manmade barrier or wall constructed for the purpose of enclosing space or separating parcels of land. "Festoons " means a string of ribbons, tinsel, small flags, or pinwheels. "Fill" means depositions of earth materials by artificial means. "Fill material " means dirt, rock, gravel, broken concrete, and similar substances used to change the level of the ground or to provide an even surface, but excluding topsoil, bark, rocks, or gravel placed on the surface of the ground for gardening, landscaping, or ornamental purposes. "Finished grade" means the final contour of the land surface prior to landscaping. "Flag" means any piece of cloth of individual size, color and design, used as a symbol, signal, emblem, or for decoration. "Flag lot" or `panhandle lot" means a lot in the shape of a flag or pan that is connected to the road or street right -of -way by a narrow strip of land. The narrow strip of land connecting the main portion of the lot to the road or street right -of -way is the "flag pole" or "access panhandle" part of the lot. "Floor" means the horizontal surface inside a structure designed and intended for human use and occupancy. "Floor area" means the total area of a building floor plate in gross square feet. "Frontage of a property" means the length of the property line along any public right -of -way on which it borders. "Frontage of a building" means the length of an outside building wall on a public right -of- way. (Ord. No. 09 -610, § 3(Exh. A), 4 -7 -09; Ord. No. 09 -605, § 3(Exh. A), 3 -3 -09; Ord. No. 09 -593, § 24,1-6-09. Code 2001 § 22 -1.6.) Section 6. FWRC 19.05.160 is hereby amended to read as follows. 19.05.160 P definitions. "Panhandle lot" means flag lot. "Parking area" means any area designed or used for parking vehicles. "Parking space " means an area which is improved, maintained and used for the sole purpose of temporarily accommodating a motor vehicle that is not in use. "Parking structure " means a building or structure consisting of more than one level, above and/or below ground, and used for temporary storage of motor vehicles. "Pea patch garden" see the definition for "community gardens." "Personal wireless service facility (PWSF) " means a wireless communication facility, including a microcell, that is a facility for the transmission and/or reception of radio frequency signals, and which may include antennas, equipment shelter or cabinet, transmission cables, a support structure to achieve the necessary elevation, and reception and transmission devices and antennas. Ordinance No. 13- 46 Page 11 of 36 Rev 1 /10 LU "Personal wireless services " means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal laws and regulations. "Plaza" means a pedestrian space that is available for public use and is situated near a main entrance to a building or is clearly visible and accessible from the adjacent right -of -way. Typical features and furnishings include special paving, landscaping, pedestrian-scale lighting, seating areas, weather protection, water features, art, trash receptacles, and bicycle racks. "Portable moving containers" means new or used prefabricated units that can be rented by residential or business customers for temporary accessory moving and storage activities, including, but not limited to, such products trademarked as "PODS" (Personal on Demand Storage), "SAM" (Store and Move), and "Door to Door." Such containers are typically delivered to a site by truck, left on site for a temporary loading period, then retrieved by truck and delivered to another location, which may include a storage facility. See FWRC 19.275.020. "Preapplication conference " means a meeting, between an applicant and members of the development review committee, which is held prior to formal application, during which the project is discussed relative to pertinent codes and regulations. "Primary vehicular access " means the street, vehicular access easement, or private tract from which the majority of vehicles enter the subject property. "Principal use " means the primary or predominant use of any lot or parcel. "Private club " means an association of persons organized for some common purpose, but not including groups organized primarily to sell merchandise or render a service which is customarily carried on as a business. "Property line" means those lines enclosing the subject property and those lines defining a recorded vehicular access easement or tract. The following are categories of property lines: (1) The front property line is any property line that is adjacent to a primary vehicular access. If the subject property is adjacent to more than one primary vehicular access, the applicant shall designate which of the adjacent property lines is the front property line and the remainder of such adjacent property lines will be considered as either a rear property line or side property line, based on the definition in this section, except the property line adjacent to an arterial or primary collector shall not be designated as a primary vehicular access. (2) For flag lots, the yard setbacks shall be applied per the following graphic: Ordinance No. 13- 47 Page 12 of 36 Rev 1 /10 LU +_ _____» 021V _. + «_ + «_ », t •r t Flag Lot Setbacks t Lot 2 1 to V ," : Lot i '« Atss - ♦ t ♦ -r trLott SOW w or .......t e ,.......... .�A.... «. .. +r «. 2 ♦. Lot "♦ 2 Lot 1 Lot I IX �- .. --- -- - --- *IF*W ... r r.. ..- . -r. +. i... r » f+♦1O' Not an arterial Wnwsy for twat 2 arterial or i 2 or pd- WCipat co #lector WwAccess easerne+u jrFnEipa! collector tw Lot t Lot 3 4 . t.aw.r r+ t •.. r.... &MdAetess Easement _ . _ t. ., Lot 1 g �f F = Front Yard Not an arterial S = Side Yard oir piiticipa) ccii{ecLar R = Rear Yard (3) The rear property line is any property line that is farthest from, and essentially parallel to, the front property line. (4) The side property line is any property line other than a front property line or a rear property line. "Public park" means a natural or landscaped area, provided by a unit of government, to meet the active or passive recreational needs of people. "Public space " means a passive or active recreational area designed specifically for use by the general public as opposed to serving merely as a setting for the building. Such areas may include parks, gardens, plazas, entrance lobbies, arboretums, solariums, and bandstands, or an approved combination thereof, and may contain exterior or interior spaces. Such areas shall be easily accessible from adjacent public areas Ordinance No. 13- 48 Page 13 of 36 Rev 1 /10 LU and available to the public at least 12 hours each weekday. Public on -site open space may be privately owned, but must be permanently set aside and maintained for the use and benefit of the public. "Public utility" means the facilities of a private business organization such as a public service corporation, or a governmental agency performing some public service and subject to special governmental regulations, the services which are paid for directly by the recipients thereof. Such services shall include but are not limited to: water supply, electric power, telephone, cablevision, natural gas and transportation for persons and freight. The term also includes broadcast towers, antennas and related facilities operated on a commercial basis. "Public works director" means the director of the department of public works of the city. (Ord. No. 09 -610, § 3(Exh. A), 4 -7 -09; Ord. No. 09 -593, § 24,1-6-09; Ord. No. 08 -585, § 3(Exh. A), 11 -4 -08. Code 2001 § 22- 1.16.) Section 7. FWRC 19.05.210 is hereby amended to read as follows. 19.05.210 U definitions. "Urban agriculture" is an umbrella term encompassing a wide range of activities involving the raising, cultivation, processing, marketing, and distribution of food. Urban agriculture land uses include: community gardens, urban farms, cottage food operations, farm stands, and farmers markets. See also the definitions for "agricultural use," "community gardens," "cottage food operation," "farm stand," and "farmers market." "Urban farm" means Privately or publicly owned land used for the cultivation of fruits, vegetables, plants, flowers, or herbs by an individual, organization, or business with the primary purpose of growing food for sale. "Use " means the activities taking place on property or within structures thereon. Each separate listing under the "Use" column in FWRC 19.195.010 through 19.245.010 is a separate use. (Ord. No. 09 -610, § 3(Exh. A), 4 -7 -09; Ord. No. 09 -593, § 24,1-6-09. Code 2001 § 22- 1.21.) Section 8. FVWRC 19.140.120 is hereby amended to read as follows. 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"C (7 .Oj w E ° CCI y O C L °'C .�. R V O '� !tom" A p i• tj C •Q 0 C.1 •L �.,i U do q N 0=3 12 Y a C O a+ � � C N PC d i as O\ ON 'C L .p i+ Wr C C y C •C A a A C ..°�. 'C y p 7 ^'� y � CC p W cay � > U O U i U 'L ao m !.-r •v dam+ •e' Gi L ,,�, wz •_� i H L a? •? d O 'd •� i° d O s O L •g � y L 06 O— L W W� W d U d F p C L y y r O � yq � p N Z d W C O p W N d a d L ai y Gi .= aoI'H L .cI O O O y� d W W V1 cv •S'i > .�.. S/ .r .r Nl �o N n•i �c .. �o L L A v G �o �o at z G w H U A a d Sams aH E � a C q L w d � L � aJn�an.gg J-o jyI d c •o i z W H o of �+I Meepa� as s ,IAOa IO l as M •r ° ebaa�d�d'= F .0 JU0.1a ,rn Q0 HIS io I ' vi 66 z � i.a •= C C C •'� (� (, SSaaOJi[ MalAaZj y m r# c c� ., A ww °O�v °S �ww z uw o m hO NO v�on H •a o q C « � '.IJ. 6 U o aU�U °a `ti o 0 �Q �i V CS Section 19. Title 19, Division VII, Supplemental Zoning Regulations, of the Federal Way Revised Code is hereby amended to add a new chapter 19.19.262 to read as follows: Chapter 19.262. "Urban Agriculture "' Sections: 19.262.010 Purpose. 19.262.020 Applicability. 19.262.030 Community gardens and urban farms. 19.262.040 Farmers markets. 19.262.050 Farm stands. 19.262.060 Cottage food operations. 19.262.070 Accessory structures. 19.262.080 On -site sale of urban agriculture products. 19.262.010 Purpose. The purpose of this chapter is to: (1) support urban agriculture uses, including community gardens, urban farms, farmers markets, farm stands, and cottage food operations, (2) provide opportunities for Federal Way residents to access locally produced healthy foods, (3) increase local food security, (4) reduce greenhouse gas production related to transport of fresh produce from distant locations; (5) provide additional economic opportunities for Federal Way citizens; and (6) ensure that urban agriculture uses are compatible with surrounding land uses. 19.262.020 Applicability. This cbapter establisbes special regulations that govern urban agriculture. Urban agriculture uses include community Gardens urban farms, farmers markets, farm stands, and cottage food operations as defined in FWRC 19.05. Urban agriculture does not include landscaping or gardening that is incidental to any permitted use. In recognition of site - specific opportunities and constraints, the director shall have the authority to allow for departure from the specific or numeric provisions contained in these regulations, provided the end result is consistent witb the purpose statement of this chapter. 19.262.030 Community gardens and urban farms. (1) Community garden and urban farm uses are permitted in any zone. a. Applicants for community garden and urban farm uses shall submit a community garden/urban farm management plan for director approval that addresses the potential impacts on surrounding uses and natural systems and includes the following: L Off - street parking, if applicable; ii. Garden /farm management rules that will govern Ordinance No. 13- garden/farm users and/or employees; iii. Location, size, and type of any proposed accessory structures; iv. Processing and /or sale of food produced on site; v. Storage and application of agricultural chemicals, including fertilizers and pesticides, and a hazardous material 67 Page 1 of 36 Rev 1/10 LU checklist if site is located within a designated wellhead protection zone; vi. Location and plans for composting facilities; vii. Mechanical equipment to be used on site; viii. Stormwater management; and ix. Soil testing if site is located within area designated as potentially contaminated at greater than 20 parts per million (ppm) by the Tacoma smelter plume. b. Written notice shall be provided by mail for community garden and urban agriculture uses that are larger than 10,000 square feet in size and located within a residential zoning district, to persons receiving property tax statements for all properties within 300 ft. of each boundary of the subiect property. The notice shall contain the following information: i. The name of applicant and, if applicable, the project name. ii. The street address of the subiect property, or if this not available, a description of the location of the property in nonlegal language. along with a vicinity may that identifies the subiect property. iii. A statement of the right of any person to submit written comments to the director reeardine-the application within 14 days of the date of the notice. iv. A statement that only the applicant, persons who submit written comments to the director, or persons who specifically request a copy of the original decision may appeal the director's decision. c. The director shall approve the proposed community garden/urban farm use upon finding that the proposal adequately addresses the following criteria: i. The proposed use does not negatively impact sensitive areas on or adiacent to the subiect site; ii. The proposed use will not result in excessive noise or emissions that are not typically associated with operation of household mechanical equipment; iii. Applicable provisions of FWRC Chapter 19.120 "Clearing, Grading, and Tree and Vegetation Retention" are addressed; iv. On -site parking needs, if any, are addressed; and v. On -site contaminated soils, if any, are addressed. d. The director may condition or modify the community garden /urban agriculture proposal as necessary to ensure the above criteria are met. 19.262.040 Farmers markets. Ordinance No. 13- 68 Page 2 of 36 Rev 1 /10 LU (1) Farmers markets are permitted as a temporary use in all zones subiect to the requirements of FWRC Chapter 19.275, "Temporary Uses." (2) Farmers markets are permitted as a permanent use in all non - residential zones that allow retail use. 19.262.050 Farm stands. (1) Farm stand uses are permitted in any zone as an accessory use to any permitted urban agriculture use for the purpose of on -site sale of urban agricultural products subiect to the following criteria: a. Farm stands are limited to 200 square feet in area and shall be no more than 15 ft. in height. b. No more than one farm stand shall be permitted on a subiect site. c. Farm stands shall be designed to be temporary and portable structures and shall not be Permanently affixed to the ground. d. See FWRC 19.262.080 for requirements related to on -site sale of urban agriculture products. 19.262.060 Cottage food operations. (1) Cottage food operation uses are permitted in any zone as an accessory use to a permitted use subject to the following criteria: a. Cottage food operations shall adhere to the requirements of RCW 69.7.100 and RCW 69.07.120. b. Cottage food operations shall adhere to the requirements of FWRC 19.270 "Home Occupations." 19.262.070 Accessory structures. Accessory structures supportive of the urban agriculture use are allowed on the subiect Property subiect to the following regulations: (1) Structures that are considered accessory to urban agriculture uses include greenhouses and sheds and similar structures as determined by the director. Structures like hoophouses and coldframes that are less than six ft. tall and are portable, not affixed to a foundation, and have no floor, are tyj ically not considered structures under this section. (See FWRC 19.262.050 for requirements specific to "farm stands.") (2) Accessory structures in residential zoning districts must adhere to the following requirements: a. The cumulative site area occupied by accessory structures supportive of urban agriculture shall not occupy more than ten percent of the lot area, or 1,000 square feet, whichever is less. b. Accessory structures supportive of urban agriculture shall be equal to or less than 15 ft. in height. 19.262.080 On -site sale of urban agriculture products. (1) On -site sale of urban agriculture products at community garden or urban farm sites is limited to plants and food grown on site, or food products made from food grown on site, such as iams and pickles. Ordinance No. 13- 69 Page 3 of 36 Rev 1/10 LU (2) On -site sale of urban agriculture products in residential zoning districts taking place via farm stands must adhere to the following requirements: a. On site sales are limited to the calendar period between May 1 and October 31. b. On -site sales are limited to the hours of 8 am to 7 pm. c. Commercial pickups and deliveries are limited to one a day. (3) A business registration may be required per the requirements of Title 12, FWRC. In eeneral, business registration for on -site sale of urban agriculture products shall apply as follows: a. An applicant for an on -site sales use that meets the parameters of FWRC 19.275 may apply for a temporary business registration. b. An applicant for an on -site sales use associated with a principal residential use may apply for a home occupation business registration. 'Cross references: Licenses and business regulations. FWRC Title 12: business registration fee for home occupations. FWRC 12.05.090: animals. Chapter 19.260 FWRC. Section 20. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 21 Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 22. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 23. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. Ordinance No. 13- 70 Page 4 of 36 Rev 1 /10 LU PASSED by the City Council of the City of Federal Way this day of 20 CITY OF FEDERAL WAY MAYOR, SKIP PRIEST ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 13- 71 Page 5 of 36 Rev 1 /10 LU 4ik CITY OF Federal Way STAFF REPORT TO THE PLANNING COMMISSION . Amendments to Federal Way Revised Code (FWRC) as follows: Chapter19.05, "Zoning and Development in General," and Chapter 19.140, "Signs, "; a new Chapter within Division VII, "Supplemental Development Regulations," and New Urban Agriculture Use Zone Charts for Each of the Existing Zoning Districts File No. 13-100902-00-UP Public Hearing of September 18, 2013 I. BACKGROUND This staff report presents recommended amendments to the Federal Way Revised Code (FWRC) for urban agriculture uses that are currently found, or likely to be sited, within the City of Federal Way. It also provides background information on earlier work done regarding urban agriculture and access to healthy food in Federal Way through the Communities Putting Prevention to Work (CPPW) grant in 2010 -2012, and the technical assistance provided by Forterra via the Environmental Protection Agency's (EPA) Building Sustainable Communities grant. There is currently no reference to urban agriculture in the FWRC. Therefore, whether or not land use review is required and the type of land use review process associated with proposed urban agriculture uses has been interpreted on a case -by -case basis. Staff has been working with Forterra and Urban Food Link on review of our current code and the development of recommendations for regulating urban agriculture uses in Federal Way. What do we mean by "urban agriculture "? The following graphic was adopted along with 2013 policy amendments to the Federal Way Comprehensive Plan (FWCP) and illustrates the various types of land use activities that can be characterized as urban agriculture. Communky gardens schwa gardens Urban Agriculture In Federal Way gardens patcf�s farms Farmstands 72 Farmers markets CSA drop - off sites err 3 The primary issues being considered in the proposed amendments to Federal Way development regulations include: • The FWRC does not contain a definition of "urban agriculture," or any of the associated land use activities. • The use zone charts in FWRC Title 19 do not specify "urban agriculture," or any of the associated land use activities as a permitted use in any of the zones (the Suburban Estates [SE] zone currently allows commercial agriculture, which is an entirely different type and scale of agricultural use). • Some, but not all, urban agriculture uses may have development characteristics such as parking, noise, stormwater impacts, or signage, which need to be considered in review of such uses. • What is appropriate in residential as compared with commercial zones should be given consideration. EXISTING URBAN AGRICULTURE IN FEDERAL WAY The graphic on the preceding page shows the types of urban agriculture that exist or are likely to be proposed in Federal Way. The following is a summary of existing urban agriculture uses found in Federal Way. Home Gardens: Home gardens are simply private residential gardens where food is being grown for the use of the residents. These gardens can be found throughout the city's residential areas and are not/will not be regulated. Home gardens are allowed as an accessory use to a residential use without any land use permit. Therefore, home gardens are not specified in the proposed code amendment. Community Gardens and School Gardens: Community gardens have been getting a great deal of attention in Federal Way. With the formation of the Federal Way Community Gardens Foundation, and in particular the guidance of CEO Mike Stanley, two large community gardens and a number of smaller elementary school gardens have been developed and are providing healthy organic produce for Federal Way's low income residents. The success of these gardens has inspired other groups to develop community gardens, for example, the Light of Christ Community Garden that celebrated its first harvest season in 2012. School gardens have been developed at a number of Federal Way elementary schools in partnership with the Federal Way Community Gardens Foundation as discussed above. The Federal Way Community Gardens Foundation is working with the school district on an ongoing basis to expand the gardens to additional schools throughout the district. Farmers Markets: The Federal Way Farmers Market is a successful and popular seasonal Saturday market located in the City Center. The Farmers Market is looking at options to expand locations and/or days of the week and also operated a holiday market indoors at the Commons Mall during the 2012 holiday season. EXISTING REGULATIONS RELATED TO URBAN AGRICULTURE The FWRC is largely silent on urban agriculture as a land use. There is one reference to commercial agriculture in the Suburban Estates (SE) zoning district, which is the city's large, rural lot zone with a minimum lot size of five acres. The type of agriculture use considered for the SE zone is more typical of what would be found in rural areas, with consideration of the use of farm equipment and more emphasis on the keeping of animals than typically found in urban areas. Urban Agriculture Staff Report 73 Page 2 Planning Commission Public Hearing September 10, 2013 Farmers markets are referenced in the FWRC as a permitted temporary use. This has worked rather well for the Federal Way Farmers Market in its current operation model as it meets the parameters of a temporary use. However, the Federal Way Farmers Market could take on a permanent character as many do in other cities. CPPW GRANT - FUNDED FOOD ACCESS STUDY In the spring of 2010, the City of Federal Way received grant funding from Public Health Seattle - King County through the Federal Center for Disease Control's Communities Putting Prevention to Work (CPPW) program. The work under this grant resulted in the development of a report entitled "The Food Landscape in Federal Way, Washington" by Urban Food Link and the University of Washington Northwest Center for Livable Communities. This study examined the number and location of healthy food vendors (supermarkets, grocery stores, farmers markets) and unhealthy food vendors, (fast food, convenience stores). Some of the key findings included: • Federal Way has almost four times as many unhealthy as health food vendors. • Over 85% of the city's geographic area is greater than % mile from a supermarket. • There are some areas with a high percentage of low income residents who do not live within walking distance of a supermarket, making access to healthy food more difficult for those residents, especially if they do not own a car. • Federal Way has a higher rate of obesity and other health- related issues than King County as a whole. The recommendations of the Food Landscape Report were shared with the Planning Commission and City Council. The City Council adopted Resolution 12 -617 in March 2012 that directed staff to develop draft comprehensive plan and zoning code amendments for City Council consideration that apply the recommendations of CPPW grant - funded study related to urban agriculture. THE EPA BUILDING SUSTAINABLE COMMUNITIES CONSORTIUM GRANT Within a few months of completing work on the CPPW grant - funded program, planning staff learned of the opportunity to apply to Forterra for assistance with furthering the work of the CPPW grant on healthy food access and urban agriculture in particular. We applied for the technical assistance grant provided by Forterra staff through the EPA's Building Sustainable Communities Consortium program. Federal Way was one of six communities to receive grant resources through Forterra and the EPA - funded program. This has been a great opportunity for Federal Way as without the assistance of Forterra, we would not have had the resources to advance work on the comprehensive plan policy and regulations related to urban agriculture in 2012/13. Community Outreach and Input Forterra staff conducted workshops on urban agriculture policies and development regulations with the public on September 17, 2012, October 15, 2012, and January 8, 2013, and reached out to citizens representing the Farmers Market, Community Gardens, interested individuals, and elected and appointed officials. The workshops were very interactive with a great deal of discussion amongst workshop participants. Development and Adoption of Urban Agriculture Policies for the Comprehensive Plan The first product of the work with Forterra under the EPA grant was the development of urban agriculture policies for the comprehensive plan. These policies were reviewed by the Planning Commission and adopted by the City Council on January 15, 2013. Urban Agriculture Staff Report 74 Page 3 Planning Commission Public Hearing September 10, 2013 Development of Recommended Strategies for Regulations Following preparation of draft Urban Agriculture Policies, Forterra and their subconsultant Urban Food Link turned their attention to review of our existing development regulations. The result of that review was a series of recommendations that were the subject of a study session with the Planning Commission in January of 2013. Prior to the Planning Commission study session, the recommendations were shared in public workshops facilitated by Forterra with the same group of interested parties who participated in the policy development workshop. The Planning Commission reviewed and provided comment on the recommended code amendments that have been considered in development of the proposed code language contained in attached Exhibits A -D. One of the comments was a request to not specifically define home gardens as an urban agriculture use as they are outright permitted uses customarily found in association with residential and, in certain cases, commercial uses. In addition, the consensus of the Planning Commission was to keep the regulations simple and straight forward. The Planning Commission is being asked to review the proposed changes to FWRC Title 19 (Exhibits A -D), and forward a recommendation to the City Council's Land Use/Transportation Committee (LUTC) and City Council. This proposed code revision was listed as a "High Priority" in the Planning Commission's 2012 and 2013 work program. II. SUMMARY OF PROPOSED CODE AMENDMENTS The proposed amendments to the FWRC Title 19, "Zoning and Development Code," would achieve the following: • Add definitions for various types of urban agriculture uses within FWRC Chapter 19.05. • Add a new code section in FWRC Division VII "Supplemental Zoning Regulations" that specifies requirements for reviewing and approving urban agriculture uses. • Add "Urban Agriculture" use zone charts for each of the existing zoning districts in the city. • Amend Table 1 and Table 2 of FWRC Chapter 19.140 "Signs" to allow for identification signs for urban agriculture uses as appropriate. The following sections provide summaries of each of the proposed code amendments. The proposed text is enclosed in Exhibits A -D. 1. Adopt zoning code definitions for the following: • Urban Agriculture (overarching definition under which the following definitions would fall) • Community Garden (this definition would also include what are typically referred to as "pea- patches ") • Urban Farm • Farmers Market • Farm Stand • Cottage Food Operation The following table contains the recommended definitions: Urban Agriculture Staff Report 75 Page 4 Planning Commission Public Hearing September 10, 2013 Table 1. Urban Agriculture Definitions Term Definition Urban Is an umbrella term encompassing a wide range of activities involving the Agriculture raising, cultivation, processing, marketing, and distribution of food. Urban agriculture land uses include: community gardens, urban farms, cottage food operations, farm stands, and farmers markets. See also definitions for "agricultural use," "community gardens," "cottage food operation," "farm stand," and "farmers market." (Reference Exhibit A5) Community Means privately or publicly owned land used for the cultivation of fruits, Gardens vegetables, plants, flowers, or herbs by multiple users. Community gardens may be divided into separate plots for cultivation by one or more individuals, or may be farmed collectively by members of the group and may include common areas maintained for use by group members. Food grown is typically for community garden members or as a donation. See also definitions for "agricultural uses," "urban agriculture," and "farm stands." (See Exhibit A2) Pea Patch See definition for "community garden." (See Exhibit A4) Garden Urban Farm Means privately or publicly owned land used for the cultivation of fruits, vegetables, plants, flowers, or herbs by an individual, organization, or business with the primary purpose of growing food for sale. (See Exhibit A5) Farmers Market Means a temporary (typically outdoor) or permanent (indoor or outdoor) market where farmers, producers, and other vendors sell whole produce; value -added agricultural products such as jams, jellies, and pickles; prepared food; plants; flowers; meats; dairy products; shellfish and f nfish; and other food- related products. Additionally, some vendors may sell non - food - related products and services; however, the majority of products for sale should be food- related products. Entertainment and other community building activities may also be provided; however, these other activities shall be ancillary in nature and support the primary purpose of providing a venue for farmers to sell fresh produce and other agricultural products. (See Exhibit A3) Farm Stand Means a structure accessory to a community garden, urban farm, or cottage food operation, for the display and sale of vegetables or produce, flowers, orchard products, animal products, locally- produced packaged food products, and similar products grown or produced on the general property on which the stand is located. See definitions for "community gardens," cottage food operation," and "urban farm." (See Exhibit A3) Cottage Food Means a business licensed by the State of Washington per WAC 16.149 to Operation make low -risk food products in a home kitchen and sell directly to consumers. (See Exhibit A2) 2. Modify existing "Tables of Sign Allowances" in FWRC 19.140.120 to allow identification signs for urban agriculture uses. Signage is important for identification, and in some cases, educational purposes. During the development stages of the proposed code amendments, the need for signs was discussed with representatives of the Federal Way Farmers Market and Federal Way Community Gardens Foundation. In order to meet the needs of urban agriculture uses to communicate their location to interested citizens, the following modifications to the FWRC are proposed: Urban Agriculture Staff Report 76 Page 5 Planning Commission Public Hearing September 10, 2013 a. Modify existing Table 1 to add "Farmers Market" to the existing category of "Civic event, or community service event," to allow both temporary and permanent signs subject to existing standards for these types of uses. (See Exhibit B1) b. Modify existing Table 2 to allow for signage for urban agriculture uses in residential zones similar to the types of signs allowed other community -based uses typically found in residential zones such as parks, schools, day cares, preschools, and places of worship. (See Exhibit 132) 3. Modify existing use zone chart for "Raising of Agricultural Crops" in the Suburban Estates (SE) zone to add urban agriculture uses to list of permitted uses in this zone and add new use zone charts entitled "Urban Agriculture" for all remaining zoning districts. The table below summarizes what types of urban agriculture uses would be allowed in existing commercial and residential zones in Federal Way. Table 2. Urban Agriculture in Federal Way Zoning Districts Type Commercial Residential Notes Zones Zones Community P P 1. Community gardens proposed in Garden (see note 1) residential zones that exceed 10,000 square feet shall be required to provide public notice to neighboring property owners. Urban Farm P P (see note 1) 1. Urban farms proposed in residential zones that exceed 10,000 square feet shall be required to provide public notice to neighboring property owners. Farmer's P (see note 1) P (see note 2) 1. Permitted in commercial zones that Market allow retail use. 2. Allowed as a temporary use per FWRC 19.275, "temporary uses." Farm Stand P -A (see note 1) P -A (see note 1) 1. Allowed as an accessory use to community garden, urban farm, and cottage food operations. Cottage Food P -A P -A (see note 1) 1. By state law, these uses are to be Operation (see notes land 2) considered as and comply with local home occupation standards, as well as state health standards. 2. In commercial zones, these uses would typically only be proposed as accessory to existing residential uses. Key: P = "permitted "; P -A = "permitted as an accessory use" In addition to the above, the use zone charts provide special notes that address the following: Urban Agriculture Staff Report 77 Page 6 Planning Commission Public Hearing September 10, 2013 • Community garden and urban farm proposals will be reviewed utilizing "Process P' administrative review, and public notice will be required in cases where gardens /farms greater than 10,000 square feet are proposed in residential zones. • Parking needs, if any, will be determined on a case -by -case basis. • Height limits and setbacks for community gardens and urban farms varies by zoning district, but will be similar to other uses typically allowed in the respective zoning district. • Community garden and urban farm planting areas may be located within required yards and perimeter planting areas as long as the intent of the landscaping standards for the zoning district is met. • See Exhibits C1 through C10 for detailed specific recommended development standards proposed for urban agriculture uses in each zoning district. 4. Add a new chapter to FWRC Title 19 Division VII, "Supplemental Zoning Regulations," entitled "Urban Agriculture." Development regulations and procedural requirements specific to urban agriculture are proposed to be located in a new chapter of the FWRC under the "Supplemental Zoning Regulations" section. This code section is referred to in each of the proposed new "Urban Agriculture" use zone charts. This section of the code provides a direct point of access to the development regulations specific to a particular use of land and is where one can find regulations related to the keeping of animals, home occupations, and temporary uses, for example. The following are proposed elements of the urban agriculture supplemental development regulations: 1. Community gardens and urban farm uses will submit a management plan that addresses general operational standards including: a. Proposed equipment and chemical usage; b. Off -street parking if applicable; c. Garden/farm rules for users and/or employees; d. Location and plans for composting facilities; e. Stormwater management; f. Soil testing if the site is located within the area impacted by the Tacoma smelter plume; and g. Neighborhood notice if the proposed garden/farm is located in a residential zone and is larger than 10,000 square feet. 2. Farm stands will be limited to no more than one per site, no more than 200 square feet, and must be temporary and portable. 3. Cottage food operations must adhere to existing home occupation standards. 4. Accessory structures such as greenhouses and sheds are limited in size and square footage in residential zoning districts. 5. On -site sales of urban agriculture products is allowed subject to limitations on hours, calendar dates, and number of commercial deliveries /pick up when located in residential zones. In summary, the proposed supplemental development regulations for urban agriculture uses place greater limitations on the operational and physical characteristics when located in residential zoning districts. This is recommended in order to ensure that the residential nature of existing neighborhoods in not negatively impacted by noise, odor, stormwater runoff, or traffic that could potentially be generated by an urban agriculture use. Urban Agriculture Staff Report 78 Page 7 Planning Commission Public Hearing September 10, 2013 III. PROCEDURAL SUMMARY 9/30/13: Public Notice of 9/18/13 Planning Commission public hearing published and posted. 9/30/13: Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental Policy Act (SEPA). 9/13/13: End of SEPA comment period. 9/27/13: End of SEPA appeal period. IV. PUBLIC COMMENTS No comments were received as a result of the public notice actions as of the date of this report. In addition to the required public notice measures outlined in Section III above, Forterra conducted a stakeholder meeting on September 9`h to discuss the proposed draft code amendments with interested citizens. Staff attended that meeting to receive input on the draft code amendments and answer any questions citizens had on the proposed regulations. Overall, citizen response to the draft code amendments was positive, and the Planning Commission should anticipate that there will be citizens in attendance at the public hearing to speak to the proposed code amendments. V. REASON FOR PLANNING COMMISSION ACTION FWRC Chapter 19.80, "Process VI Council Rezones," establishes a process and criteria for zoning code text amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: 1. To review and evaluate the proposed zoning code text regarding any proposed amendments. 2. To determine whether the proposed zoning code text amendments meet the criteria established in FWRC 19.80.130. 3. To forward a recommendation to the City Council regarding adoption of the proposed zoning code text amendments. VI. DECISIONAL CRITERIA FWRC Chapter 19.80.130 provides criteria for zoning text amendments. The following section analyzes compliance of the proposed zoning text amendments with the criteria provided by this chapter. The city may amend the text of the FWRC only if it finds that: 1. The proposed amendments are consistent with the applicable provisions of the comprehensive plan. The proposed FWRC text amendments are consistent with the following Federal Way Comprehensive Plan (FWCP) policies and goals: Urban Agriculture Staff Report 79 Page 8 Planning Commission Public Hearing September 10, 2013 Goal LUG9 Provide access to healthy food resources for all residents through opportunities for urban agricultural activities, such as farmers markets, farmstands, community supported agriculture (CSA) drop -off sites, community gardens, pea patches, school gardens, home gardens, and urban farms. Policy LUP51 Establish development regulations that allow for healthy food resources as a permitted use and provide for on -site sale and delivery of healthy foods, on public and private property, where appropriate. Goal LUG10 Encourage and supportfarmers market opportunities that are accessible to all residents. Policy LUP53 Establish development regulations that allow for farmers markets as a permitted use on public and private property, where appropriate. 2. The proposed amendments bear a substantial relationship to public health, safety, or welfare. The proposed FWRC text amendments bear a substantial relationship to the public health, safety, and welfare because the text amendments will clarify that the City of Federal Way is supportive of urban agriculture uses that increase citizens access to locally grown, healthy foods, while also increasing educational and economic opportunities associated with developing and maintaining urban agriculture uses. 3. The proposed amendments are in the best interest of the residents of the city. The proposed FWRC text amendments are in the best interest of the residents of the city because greater availability of locally grown, healthy foods and opportunities to get involved in local urban agriculture activities will increase residents' access to healthy lifestyle choices; whether it be access to healthier food and/or access to healthy outdoor activities by participating in local urban farms and gardens. VII. STAFF RECOMMENDATION Based on the above staff analysis and decisional criteria, staff recommends that the following amendments to FWRC Title 19, "Zoning and Development Code," be recommended for approval to the Land Use/Transportation Committee (LUTC) and City Council. 1. Modifications to FWRC 19.05 "Zoning and Development in General" and 19.140.120 "Tables of Sign Allowances"; modifications to existing "Raising of Agricultural Crops" use zone chart for SE zone and new use zone charts for Urban Agriculture in all existing zoning districts; and the addition of FWRC 19.262, "Urban Agriculture" as identified in Exhibits A -D. Urban Agriculture Staff Report 80 Page 9 Planning Commission Public Hearing September 10, 2013 VIII. PLANNING COMMISSION ACTION Consistent with the provisions of FWRC Chapter 19.80.240, the Planning Commission may take the following actions regarding the proposed development code text amendments: 1. Recommend to the City Council adoption of the FWRC text amendments as proposed; 2. Modify the proposed FWRC text amendments and recommend to the City Council adoption of the FWRC text amendments as modified; 3. Recommend to the City Council that the proposed FWRC text amendments not be adopted; or 4. Forward the proposed FWRC text amendments to the City Council without a recommendation. 14.4 1, 110 Exhibit Al AS — FWRC 19.05.010, 19.05.030, 19.05.060, 19.05.160, and 19.05.210: Modifications to "A, C, F, P, and U Definitions" Exhibit BI -B2 — FWRC 19.140.120, Modifications to "Tables of Sign Allowances" Exhibit CI -CIO —FWRC 19.195.030 Modifications to, "Raising agricultural crops," in the SE zone and new use zone charts for urban agriculture in all other existing zoning districts Exhibit D — FWRC Division VII, New Chapter in Division VII, "Supplemental Zoning Regulations" KA2012 Code Amendments \Urban Agriculture\Planning Commission \091813 Public Hearing Memo Urban Agriculture Staff Report 81 Page 10 Planning Commission Public Hearing September 10, 2013 CITY OF FEDERAL WAY PLANNING COMMISSION September 18, 2013 City Hall 7.00 p.m. Council Chambers MEETING MINUTES Commissioners present: Merle Pfeifer, Hope Elder, Tom Medhurst, Sarady Long, Wayne Carlson, and Tim O'Neil. Commissioners absent: Lawson Bronson (excused). Staff present: Planning Manager Isaac Conlen, Senior Planner Janet Shull, Contract Planner Jim Harris, Assistant City Attorney Peter Beckwith, and E. Tina Piety, Administrative Assistant II. CALL TO ORDER Chair Pfeifer called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES The minutes of June 24, 2013, were approved as presented. AUDIENCE COMMENT None ADMINISTRATIVE REPORT None COMMISSION BUSINESS PUBLIC HEARING Proposed Zoning Code Amendments Related to Urban Agriculture Senior Planner Shull delivered the staff report. She noted that Skye Schell with Forterra (the non - profit agency representative who worked on the project with the city) is in the audience, along with a number of citizens who will be giving public testimony. She also noted that staff (and Forterra) has taken into consideration and inputted Planning Commissioner's comments /suggestions from the January 16, 2013, study session on this topic. Senior Planner Shull went over the background and overall goals of the proposed amendments. The overall goals include implementing policies to support access to healthy food and to be responsive to community interest in growing food for health, education, and economic benefit. A summary of the proposed amendments is as follows: 1. Provide defmitions for urban agriculture uses. 2. Amend the existing sign tables to include urban agriculture uses to allow for permanent and temporary identification/informational signs. 3. Amend the existing Suburban Estates (SE) use zone chart and add new use zone charts allowing urban agricultural uses in each existing zone. 82 EXHIBIT KAPlamting Commission\2013N2eeting Summary 09- 1 &13.doc Planning Commission Minutes Page 2 September 18, 2013 4. Add a new section to Federal Way Revised Code (FWRC) Title 19 Division VII, "Supplemental Zoning Regulations" (which is where one can find regulations related to the keeping of animals, home occupations, and temporary uses) with regulations and procedural requirements specific to urban agriculture. The meeting was opened for Public Testimony. Jim Cox, Project Manager (with his wife) of the Light of Christ Community Garden — He stated the purpose of the Light of Christ Community Garden is to provide food to the community and to bring people together to help one another. They have had some 300 different people (varying in age from 3 to 83 years) volunteer in the garden. There are people there every day volunteering. He described one man from the Ukraine for whom the garden is a very special place and who is there two or three times a day. They produced some 3000 pounds of food this year for donations. They support Fusion, Mitchell Place, Reach Out, and the Multi - Service Center, among others. All people, no matter their faith (or lack thereof) are welcome to volunteer to work in the garden. The garden meets genuine needs and it almost did not happen. When they went to the city for permits, the city did not have any regulations for community gardens. The proposed amendments would make the process easier for future applicants. Maria Brememan — She supports the proposed amendments. She stated they clarify the code and remove ambiguity and barriers. They are practical and supportive of urban agriculture. Skye Shell, Forterra — He is excited the proposed amendments are moving forward Forterra has been working with the city for about a year on this project. The proposed amendments will not only create access to healthy food, but will provide opportunity for economic development and small businesses. Karla Kolibab, Federal Way Farmer's Market — She stated that not having permanent signage is a problem for the Farmer's Market. Currently they are allowed only temporary signs during the day of the market. Having a permanent sign would let more people know about the market and potentially bring more people to the market. Chair Pfeiffer stated that the Farmer's Market has moved a number of times since they started. Would this not be a problem if they have a permanent sign? Ms. Kolibab replied they are working with the Commons Mall on an agreement that would allow them to stay where they are for a number of years. Rose Ehl, Federal Way Farmer's Market — She stated the Federal Way Farmer's Market provides fresh produce and plants/flower, arts & crafts, and processed food; in addition, a master gardener is available. They host a number of community events and are a venue for WIC and senior assistance. They have discussed a permanent sign with city staff and the plan is to locate it at the corner of 324' and Pacific Highway South. They would also have to have clearance from the Commons Mall. They hope to have a permanent sign for next year. Public Testimony was closed. Commissioner Carlson thanked staff for their work and said the proposed amendments are clear and well written. On page 7 of the staff report in item l .f. it talks about soil testing for sites impacted by the Tacoma smelter plume. How much of the city is affected? What percentage of the city would have to do a soil test? Senior Planner Shull replied that she does not know the specifics, but according to a map the 83 KAPlanning Commission\20MMeeting Summary 06- 24- 13.doe Planning Commission Minutes Page 3 September 18, 2013 area primarily affected is a strip on the western edge of the city. She stated staff has talked to Washington State Ecology about this issue and they do not think anyone would be denied a garden. They want people to be aware of the issue and to take appropriate steps if needed. Commissioner Carlson asked that staff inform applicants what the city would want them to do if they are located in the plume area. Planning Manager Conlen commented that a map of the area can be given to applicants. Commissioner Long noted that in some cases a notice of the proposed garden must be given. Is there a standard area for the notice? Senior Planner Shull replied currently notices are sent to a 300 foot area and that would be the same for these notices. Commissioner Medhurst commented that he is grateful for the community gardens and the work they do. On page 1 of Exhibit A3, it states that farmers markets, "the majority of products for sale should be food - related products." He is concerned that the word "should" is not strong enough and a farmers market could develop into a flea market. Senior Planner Shull stated that staff did discuss this phrase and the word "should" with the stakeholders. No one could think of an appropriate stronger word. Planning Manager Conlen commented that the word could be changed to "shall" Commissioner Carlson stated he would support changing the word to "shall" with the understanding that majority would be based on the width of saleable space. Commissioner Medhurst asked why (as stated on page 3 of Exhibit D) are structures such as greenhouses limited to 15 feet in height, while others, such as hoophouses limited to 6 feet in height. Senior Planner responded that the items limited to six feet in height are not considered "structures." Hoophouses and similar items are designed to be moved, unlike greenhouses. Commission Carlson moved (and it was seconded) to recommend adoption of the proposed amendments to urban agriculture with the modifications that the word "should" in the defmition of farmers market will be changed to "shall," and a definition added that clarifies that the majority of food related products referred to in the farmers market definition is based on the width of saleable space. There was no further discussion and the motion carried unanimously. The public hearing was closed. PUBLIC HEARING — Proposed Code Amendments Related to Provisions for Allowing Departures from Required Community Design Guidelines in all Zoning Districts Contact Planner Harris delivered the presentation. He went over the background and the overall goal, which is to increase the flexibility of the community design guidelines to act as performance objectives rather than to act as specific and/or numeric requirements, while still meeting the larger intent to protect property values, enhance general appearance, and improve and expand pedestrian circulation and public spaces in the city. The proposed changes consist of the addition of two sentences to FWRC 19.115.020, "Administration." There was no public testimony. Commissioner Long asked if the proposed amendments will allow buildings to be placed closer to the sidewalk. Contract Planner Harris replied that the proposed amendments will not likely trigger buildings to be placed closer to the sidewalk. Commissioner Carlson agrees with the proposed amendment. Without it, it can make for weird designs in order to fit the code requirements. Commissioner Medhurst asked if there was a specific catalyst for this amendment. Contract Planner Harris replied that there is no specific catalyst, but the requirements have caused issues in the past. Planning Manager Conlen stated that in the past, applicants have proposed design that would probably work better, but the city was not able to approve them because they did not meet the community design guideline requirements. 84 KAPtanning Commission\2013\Meeting Summary 06- 24- 13.doc Planning Commission Minutes Page 4 September 18, 2013 Commissioner O'Neil moved (and it was seconded) to recommend adoption of the proposed amendment to the community design guidelines as written. There was no further discussion and the motion carried unanimously. The public hearing was closed. ADDITIONAL BUSINESS Planning Manager Conlen stated that currently there is no date for the next Planning Commission meeting (it will likely be in November). Commissioner Elder expressed her concern about the parking disappearing at the Commons Mall. Is the city monitoring that? Planning Manager Conlen replied that the city is monitoring the parking with the use of a parking study. Commissioner O'Neil asked what the direction of the city's urban core is. Nothing seems to change. Planning Manager Conlen replied that the vision is for denser, mixed -use buildings, while also being pedestrian friendly. The downturn in the nationwide economy has hindered development over the last five years. Also, it is difficult for a city like Federal Way to compete with Seattle or Bellevue for that type of development. Commissioner Carlson commented that the city has had proposals for high -rises, but it needs the middle ground of mid -rises first. Planning Manager Conlen responded that the city is receptive to mid -rise development and is hopeful see proposals of this nature. ADJOURN The meeting was adjourned at 8:10 p.m. 85 KAPIanning Commission\2013Wee ing Summary 06- 24- 13.doc